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...

I did receive a payment that was decent and I needed to take due to the situation I was in at that point, and they were not going to issue interim payments even though I was desperate. As I signed to say OK to that is it all over, or due to the ongoing problems can I still seek compensation?

If you agreed to a full and final settlement, it is just that – full and final. There is no going back for further damages – regardless of your personal situation.

I had an accident at work where I walked into a bit of machinery, parts were not visible. The health and safety office had told my boss 20 mins beforehand that the machine needed to be moved as it was a hazard. I ended up in A&E having xrays, I have soft tissue and ligament damage lots of swelling and am on crutches. I’m only a casual, so don’t have set shifts, but this happened in a Thursday and I was due to work Friday and Saturday as well. Are they liable to pay me for those days as they’ve only offered me to take them as holiday?
I haven’t signed any contract with the company, nor was I trained by a person qualified to train me. I had no interview or induction, I just turned up one day and started work. Is it worth me making a claim or not?

Given your description of your accident at work, there is a strong likelihood that you would be able to hold the employer liable should you opt to pursue a claim for compensation in this matter. Given that you are on crutches and suffering from mobility limiting injuries and a loss of income, you would be able to recover compensation for the injuries sustained and all lost income if you were to succeed.

Your employer is not obliged to pay you for your missed shifts, even though you were injured at work, and the only way to recover that loss of income is to make a claim against the employer.

We would be very happy to assist you with the process.

I’m an engineer and work in a factory with very large ovens. I was called to a strange smell inside the oven, as I opened the door there was a large gas explosion which pushed me 10-15ft across the floor. I sustained soft tissue damage to ribs, bruised lung, bruised hip, multiple cuts to head. I was taken by ambulance and had a CT scan at hospital. I also had concussion and am left with a scar on my face and it mentally affected me. I was off work 2 weeks on full pay, 6 weeks light duties. My question is would it be possible to claim as I know the ovens are regularly maintained and I am a qualified engineer, but no formal training was given on ovens although we regularly work on them.

You certainly can make a claim for compensation in this matter and we would very much like to help you with this. Facial scarring compensation values can be fairly substantial depending on the severity.

My husband pulled his back out at work lifting a heavy tabletop, the pull resulted in an infection in his spine, and MRI results have shown he has muscle and nerve damage and sciatica as a result. He has taken 1 day off work at the beginning of the accident. Logged in their accident book and received a light duties sick note from his doctor, which was renewed this week for another month. They haven’t accommodated him much at all; kept him on similar lifting jobs of which he has to take regular breaks from and rest his back, and management are now “watching” my husband and asking other staff members to report on how much work he’s doing. I’m fearful that they are going to sack him, exasperated by the fact that we recently had a child 6 months ago. He has worked there for 18 years. Can they do this to him? They are not exactly sticklers for the law.

The employer cannot ‘sack’ your Husband for being off work due to his injury. However, if his injury is long lasting and renders him unable to do the work that he was employed to do, the employer can – if they follow due process – eventually terminate his employment on the basis of ill health. It is important to state that he should seek specialist employment law advice on this issue should the employer start such a process.

On the actual injury issue I wonder whether his employer could be liable for his injuries and if so, perhaps a claim for compensation and loss of income could follow? Has your Husband’s employer provided manual handling training to him during his work? Do they offer tools and equipment for lifting heavy items?

We would very much like to discuss the possibilities of a claim with your Husband and invite him to call us.

Hi I had an accident at work in June 2016.
I had a solicitor put in a claim for employers liability, and their insurers rejected the claim, my solicitor has informed me that they don’t think I would win if i pursue through court. I’m annoyed at the fact that I am now classed as disabled by the DWP, have used all my statutory sick pay, and had to apply for ESA. I have jumped through hoops with them to be turned down and am now appealing their decision, all this is going on whilst I am waiting for a full knee replacement, I have lost out on wages as have been off work waiting for my full knee replacement due to the accident at work, just wondered if there was a way to claim anything from my employers. I am still employed by the company. Thank you.

If you have been represented by a specialist Personal Injury Solicitor through the claims process and your employers insurers have been able to mount a robust and strong defence against the claim, it is unlikely that you would be able to do anything further.

I assume that your Solicitor has taken the defence to a Barrister and been given an opinion that your claim is unlikely to succeed in front of a judge. As such, you would be likely to get the same opinion from any specialist Solicitor.

I am a bus driver and I got hurt during a rest break at work. I saw the Doctor about my injury and he has said that I must not drive for 2 weeks. I have reported this to my employer along with the Doctors instructions that I should lift nothing weighing more than 10lbs. However, the employer has said that they want me to do cleaning work in place of driving. What should I do?

If your employer is attempting to help you avoid a loss of wages through enforced absence from work (employers do not have to pay your usual salary whilst off work – even if you are off due to an injury sustained at work) and are offering cleaning work as ‘light duties’, then there is no harm in accepting the work for that 2 week period.

However, if the cleaning work requires excessive lifting and moving of items then it could further worsen your symptoms and should be avoided.

We would be interested to know more about your injury as you could be able to make a claim against the employer for the injuries sustained. If you would like to discuss that with us or want to know more about your rights, please call us on 01225430285.

Hi around 4 years ago I was on a job in work which was hurting my arm I complained and was left on it but eventually went off sick (all documented in work). After years of tests, physio, scans and X-rays they have now found out that being in that job has lifted my ribs and I will have to have a major op to release my nerve and artery as they are being squashed and stopping my arm working. I never originally claimed as I thought it wasn’t serious and physio would fix it but now it’s major can I still claim?

Claim limitation is a strict requirement and allows a maximum period of 3-years from the date of an accident or injury in which you can seek to make a claim for compensation.

In your case, as you were injured 4 years ago it could be that you are now statute barred and unable to take action.

I work on a chemical waste plant as an engineer, two weeks ago a bursting disc failed and I inhaled toxic vapours, I was not seen by a first aider but sent home. Throughout the night I was not well and went to hospital where I spent 7 hours and was signed off work for 2 weeks. One of the managers at work asked me to go back to work on light duties even though I had a sick note, last week I spent 36 hours in hospital as I was still not improving and I have another sick note for two weeks, do I have the right to make a claim?

Yes, you do have the right to make a claim. It is important to ensure that all symptoms and ongoing problems associated with the inhalation of vapours are noted with your GP or Hospital Doctor.

I suffered a shoulder injury at work for which my employer has already admitted liability.

If I seek compensation and settle will my bosses be informed? I ask as I am worried about being treated differently.

Of course, when an employee who is injured at work goes on to make a claim for work accident compensation, certain people within the business will be aware. However, in most cases it is not the direct colleagues or management team of the individual claimant but the person within the business responsible for Health and Safety or the person who liaises with the employers insurance provider.

UK law allows the right to any person to make a claim for compensation if they have been injured at work as a result of employer negligence and no employer can then discriminate against a claimant who succeeds with a claim for damages. If they were to discriminate against a claimant employee, they could face separate legal action.

In your case, I would very much doubt that you would suffer any negative consequences as the employer has admitted liability and accepted that your injuries were their fault. However, we appreciate that making a claim against your employer is something that brings certain concerns given the relationship you have with your employer and the desire to maintain that. At Direct2Compensation we understand that claimants would rather not have had their accident than make a claim, but in your case you certainly have a valid work accident compensation claim and should pursue your legal right to seek a just outcome. Whilst a financial settlement would be part of the outcome, gaining a full medical understanding of your injury as part of the claims process and accessing expert rehabilitation therapies at the cost of the defendant is a less considered but extremely positive benefit of making a claim for compensation.

We would be happy to pursue your claim further for you and answer any questions you may have. If you would like to get the ball rolling and find out a little more about us and the claims process we use, simply use our start a claim page and we’ll contact you to offer the help and advice you need.

I hurt my shoulder 3 yrs ago at work, I had an MRI and was diagnosed with slap 2 year to my shoulder. I was told I can either medicate or have an operation on it. I chose to medicate.
After a while I can off my meds and found I was getting a lot more discomfort in my shoulder.
A second mri with a contrast dye put in and was found that the tear had got worse. I’m now due to have an operation and have been told I could be off work for up to 7 months, what are my rights and what could I claim for?

As you injured your shoulder 3 years ago, it is now likely that you have gone beyond the statutory claim limitation period and are now unable to make any claim against your employer. In the UK, the law only allows you a maximum period of 3-years from the date of an accident in which you can make a claim for compensation.

i have been off work for 4 months with tennis elbow. i work daycare. i was suppose go back gradually and doctor note was refused and daycare said when 100% come back put on call. Do they have to give me back my work full time or they allowed to put on call say no hours and future might possible have?

In the UK, employers must not worsen any injuries or place colleagues, customers or others at risk by allowing someone who is unfit (and therefore unsafe) to work. Therefore, if your employer is acting on medical advice stating that you are not fit to work, they do not have to allow you to work.

My son in law to be has a driving job – he’s been there about a year and over the past three to four months has been in excruciating pain when driving any distance. His knee and calf swell. As a result he is constantly being signed off. Work are being very unhelpful saying no other duties available although advertising other jobs and have made comments such as we cope when you are off so don’t need you. Before this job he had never had knee pain and was a healthy 21 year old. Does he have a claim?

It is hard to see how he can hold the employer liable for the injury/health issue that is currently blighting his day-to-day life – as things stand. Without having any diagnosis as to what is causing the problem, it is not possible to say that it is the fault of the employer as driving is deemed to be a safe activity – so long as adequate breaks are provided/allowed and there is no material defect or problem with the seat of the vehicle.

I tripped while working on a boat off the coast of Cyprus and fractured my elbow. I did have the opportunity to return to the uk for 5 days. The fracture was non displaced but caused cartilage degeneration and early onset arthritis in the joint. I’m 23 years old my first job and I’m unsure as to what my rights are to compensation. The company I work for is a uk company that was subcontracted to a French company to undertake sampling of the seafloor. The injury was not reported to the HSE as a riddor for 4 months. Where do I stand?

Given that this accident happened onboard a vessel on the ocean and not within the UK, we are not convinced that you would be able to claim compensation against the UK employer. Added to this is the fact that you were subcontracted to a French company, this is a far from straightforward matter.

Hi, my husband had an accident at his work place today, he had to lift a very heavy machine and while doing that something happened to his hand that he couldn’t move it so he had to go to the hospital. He was away for 3 hours. My question is does the employer have the right not to pay him for those 3 hours spent outside of work or he should pay him like he was at work at that time?

We would be surprised if the employer didn’t pay your husband for today’s work – even if 3 hours was spent at Hospital. However, without knowing the nature of your husband’s contract with the employer it is difficult to say.

With regards to the hand injury itself, we would like to speak with your husband further about that and how it happened as it may well be that his employer has been negligent and if so, he could make a claim against them for the injury and any future loss of income.

I had a heavy door fall off on to me due to the hinges being broken. The door fell on to the top of my foot and I suffered a grade 2 soft tissue injury and was off work for 6 weeks. The injury has also lead to some nerve damage in the foot and I have constant pins and needles in my foot now with intermittent pain.

I have now returned to work but my foot has become swollen and sore. Would I be disciplined if I was off again for the same issue and am I entitled to make a claim for compensation?

Of course, we need to speak with you to find out a little more but our immediate view is that you have a strong claim for accident at work compensation here for the damage to your foot and the ongoing nerve issue. We would recommend that you contact us immediately so that we can get the ball rolling.

If you are forced to take further time away from work due to the injury you should not face disciplinary measures. However, before you do take anytime off you should firstly speak to your employer to see if they are able to provide you with light duties (perhaps a seated job) for a while, so that you can continue to work and recover further.

I had an accident in work and my employer has admitted full liability. I had surgery and to repair nerve and tendon damage. I needed a second operation due to the accident and I’m just about to return to work, my employer is now going down the capability route that I am unable to carry out my duties. Is this legal and would I be covered under the Equality Act 2010 as my employer failed to provide a safe working environment and I no longer have the same mobility in my hand?

This question is one that should be addressed to an employment law specialist as it requires employment law knowledge.

I was working under a floor of a house when I knelt on a piece of wood with a nail through it, the nail went into my knee by about 1 inch, I reacted by pulling it straight back out. I went to hospital where they just cleaned it and sent me on my way. The next day I was unable to put any pressure on my knee. I rang my boss to say I was unable to work as my job requires me do a lot of climbing. He was very unhappy and instructed me to go back to hospital and tell them I need to get back to work as soon as possible. I normally only get ssp when on the sick, if this is the case this time would I be able to make a claim to recover my losses?

If your employer has failed to provide you with the correct personal protective equipment (PPE) such as knee pads, or adequately risk assessed the workplace to minimise the risk of injury you could well succeed with a claim against your employer and recover any lost income as well as a personal injury settlement. Employers are duty bound to ensure that relevant PPE is worn – whether they provide it or insist that you provide it.

My son in law was hit on the head at work in a kitchen fitting factory. He was knocked unconcious, but after recovering he was sent out to drive a van is this procedure safe?

To send someone out to drive a van after spending some time unconscious is extremely negligent and very dangerous. However, if your son-in-law avoided further injury there is not much he can do about being asked to drive a works van after the incident.

We would like to speak to him about making a claim for accident at work compensation for the initial head injury he sustained in the factory. Clearly, something has gone badly wrong in the workplace for him to be knocked unconscious and as such, there is a strong prospect of succeeding on the grounds of employer negligence.

My employer is trying to reduce the minimum amount I am allowed to do at work after a back injury and time off which involves changing my contract, can I say no to this or do I have no say? I have asked for amended duties and am fine but a few days after I asked they put me on heavier stuff.

You need to make sure that you seek qualified expert advice regarding your employment rights. Therefore, you should make contact with an employment law specialist Solicitor to discuss this issue.

Hi I had an accident at work and made a claim which is still on going but I have recently returned to work after 9 months off and I feel as though things are being made difficult already. I have been told by my employer that they advise I take on light duties which I understand but these are things I wouldn’t normally do and at less pay and more hours a day, however my doctor and physio therapist told me I am able to go back working in my trade but take it easy and start with less days until I get back into it which is a lighter work load. My employer is trying to make that impossible for me to do. Can an employer tell me that I can’t do my job anymore even after being advised I can and me feeling that I can?

The employer may well be taking an over-protective or over-cautious approach to your situation, but that should not necessarily be seen in a bad light. However, for them to want you to work for lower pay as a result does sound unreasonable.

If your Doctor has signed you as being fit to perform your work, the employer should not be disagreeing with the Doctor and as such, you should probably request a formal meeting with your Management team and HR to discuss the issue with them.

Thank you. I have been in and they have stated that until they access my medical record I can not go back to doing my job. I was told by acas that my medical records are confidential and I do not have to let them see them. I asked if a letter from the doctor would be ok and they said no. Surely this can’t be fair?

It doesn’t sound very fair and yes, your medical records are private and can only be disclosed with your permission. It is hard to see why the employer is demanding sight of the records and refusing to accept a letter from your Doctor.

You clearly need some specialist employment law advice and as such, it would be wise to seek the services of an employment law specialist to ensure that you are properly advised and fully understand your rights.