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

By Ian Morris | Updated January 16th, 2024

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Here we look at your rights and what to do if you’re injured at work in the UK, and whether you can claim compensation.

If you’re thinking about making a work injury claim, we can help you to approach things in the right way so that all parties are happy to get a claim resolved. Often you can be torn between loyalty to your employer and the need to look after yourself. Knowing your legal rights, where you stand and what your employer’s responsibilities are, will help you both to see everything more clearly and avoid misunderstandings.

Table of contents

I was injured at work, what are my rights?

In the UK, you have the same legal rights whether you have been injured at work, are suffering from a work-related illness, or a condition such as carpal tunnel syndrome, for example. It is important for you to understand your rights so that you can confidently manage your recovery and working future.

The law says all employers have a duty of care to protect the wellbeing of their employees – it doesn’t matter who you work for or what you do, whether you’re a temp working for an agency, full-time staff or self-employed.

Your rights include being able to:

  • Receive medical attention
  • Report and record your injury
  • Attend future medical appointments
  • Take time off to recover
  • Seek lighter duties

Importantly, if it can be proved your employer has been negligent and you were injured as a result, one of the rights you have is to make a no win no fee personal injury claim. If you want to claim for injuries after an accident at work, our experts can quickly let you know if you have a case.

When you can make a work injury claim

Just because you have been injured at work, it doesn’t necessarily mean that you will be entitled to make a claim for personal injury compensation: Your injury must be severe enough; happened within the last three years; and your employer must be at fault.

What injuries can you claim for?

Your work injury has to be severe enough to provide a sufficient level of ‘quantum’ for a claim to be placed with a no win no fee solicitor. To ensure that the injury value is sufficient, it is usually the case that an injured employee will need to have suffered for a period of 4 weeks or more. You have a good chance of claiming compensation if any of the following apply:

  • You are still receiving treatment for a work injury or illness.
  • You have taken time off work to recover.
  • You have been unable to return to work doing the same job or hours.

Note that the injury need not be new – you can also claim if working conditions or an accident at work made a pre-existing injury worse. You may even be able to claim if you are partly at fault, in what’s known as contributory negligence or split liability. Claims can even be made if a company has ceased trading, merged or gone in to administration.

Every injury has its own unique circumstances, and no two are the same. Therefore, it is vital you seek proper advice so that you know whether or not you have a viable claim.

How to know if your employer is at fault

In most cases, it is relatively easy for us to evaluate the likely outcome of a claim. We’ll work out if it can be proven your employer was liable for your injury, failed in their duty of care, and therefore is responsible for compensating you for your injuries and any other losses. Here are some basic pointers that can help you identify where you stand regarding the strength of a claim or otherwise:

  1. Have you had proper training? (this could relate to manual handling or other job relevant training).
  2. Were you given an induction to the workplace? This would include guidance on accident management protocols, safety exits, hazard avoidance etc.
  3. Were you provided with, or advised what PPE you should use to complete your job safely?
  4. Did your employer allow you to work with faulty equipment?
  5. Were you told how to report injuries and how to access the accident book?
  6. Was your environment safe? For example, was it free of hazards that could lead to a fall at work?
  7. Did your employer act upon reports of potential risks of danger to employees?

Furthermore, your employer must follow these laws to reduce the risk of staff being injured at work:

What to do after an injury at work

Below is a basic plan of action you should try to follow if you’re injured at work. This will also give you the evidence you need to make a claim:

  1. Get medical treatment

    If an employer attempts to prevent you from seeking medical attention, they are in breach of the law and acting completely improperly. Most workplaces will have a designated first aid officer in the event of an injury. You should see this person but also make sure that you either visit your GP or local A&E department. Similarly, for an illness you should first visit your GP.

  2. Record the accident details

    If you’re suffering from a work-related illness, ensure your employer has written notification of this. If you’re injured at work, you should record the details within your employer’s accident book.

    If you haven’t done this already, don’t worry, we can help you to do so.

    If your employer won’t record the accident or let you see the book, there are actions you can take. Accident book entries should usually be done within minutes and the injured party should contribute to what is written and only sign it when they are happy with the way the accident circumstances have been recorded. If relevant, previous complaints or comments from staff to management about potential hazards that relate to the accident in question should be noted.

    The injuries should be described and their cause listed. For example: “Joe has suffered a nasty laceration to his right hand and 3 fingers after it became trapped in the cutting machine on the factory floor. The safety guard was broken and not repaired despite the staff informing Management of the issue. Ambulance called and Joe has been taken to Hospital for treatment. This has been reported to Management”. The injured party should ask for a copy of the accident book entry.

    Do not feel that reporting the accident would tarnish the reputation of your company. Your employer is responsible for your safety. Immediately reporting the accident to your employer will help them curtail such accidents in future by adopting proper safety precautions.

    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 to see whether this has been done.

  3. Confirm your sick pay

    Not all employees will receive full pay if on sick leave from work, commonly your employer will put you on Statutory Sick Pay (SSP). Although SSP is far from a living wage, it could be enough to help you get by. Make sure that your employer has registered you for SSP. If you are unsure, you should contact your local benefits office.

    Knowing your rights is key – if you’ve been injured in a workplace accident that wasn’t your fault, you can claim for compensation to supplement your sick pay and cover your losses.

  4. Attend medical appointments

    If you are back at work but still receiving outpatient treatments for your injuries, such as physiotherapy or check-ups with a consultant, your employer MUST release you to attend the same.

  5. Take time to recover

    Taking time away from the workplace to aid your recovery will not only benefit you by reducing the length of time that you are injured, but also benefit your employer by enabling you to return to full duties at the earliest opportunity. If your employer is pressuring you to return to work if you want to keep your job, you should seek legal advice regarding this issue. An unfit employee is a dangerous employee and not only will you be risking your own health by rushing back to work, but you could also be risking the health of your colleagues.

  6. Seek light duties

    Removing you for a time from the situation causing the problem can often help. This would apply to psychological injuries, such as stress, as well as physical injuries. If your usual work involves aspects of hard physical labour such as heavy lifting, carrying, climbing or standing for long periods, your employer is duty bound to accommodate you (where possible) in returning to work on lighter duties whilst you complete your recovery. It could be that you usually work in a heavy lifting capacity but that a back injury will prevent you from doing that for sometime. Therefore, if your employer can accommodate you within an office for a few weeks on lighter duties, you can return to work and continue to earn your usual salary.

  7. Claim injury compensation

    It is your right to make a work accident claim if you suffer an injury or illness at work that is a result of your employer’s negligence. They have a legal responsibility to ensure a safe and secure working environment for staff and prevent foreseeable injuries, both physical and psychological.

    A successful personal injury claim will ultimately see a claimant recover a settlement for their injuries, ongoing treatment and also for their special damages, which covers financial losses such as lost income.

Employer pressure – threats are against the law

A very common worry for people is how making a claim will affect their employer. This fear can be played upon, and we understand that you may be placed under pressure by your employer NOT to pursue a claim for personal injury compensation.

Employers that are liable on grounds of negligence for injuries sustained in the workplace have no right whatsoever to prevent an employee from pursuing a claim.

Indeed, the law recognises this and protects your rights in the following ways:

  • It is illegal for your employer to sack you if a claim is made or being considered, and if they do you may have a case for unfair dismissal.
  • Similarly, if employer threats or other pressures force you to leave your job, you may have a case for constructive dismissal.

In such circumstances, you should seek advice from a solicitor or your local citizens advice bureau.

Clearly, the decision as to whether or not to pursue a claim rests with the injured employee. If the injuries are minor, will cause no long-term problems, and the employee can still work and therefore not lose wages, they may well decide that they do not wish to pursue a claim for compensation. 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.

Read our guide to work accident compensation for a comprehensive run down of what’s involved in making a claim against your employer.

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...

Hi, I had an accident at work. As I was walking down the stairs I slipped and twisted my ankle as the stairs were wet but there were not wet floor signs to warn me. The accident happened on January 13th 2018. I’ve been off work since then. I have to live off only SSP and I’m struggling. I still have pain and discomfort but I need to go back to work ASAP because I’m struggling to only live off SSP. I’ve already made a claim for compensation and it’s still in process. I wanted to ask if you could possibly tell me if me going back to work while my claim is still being processed if it will affect my claim in anyway? I was only thinking about doing some easier jobs where I don’t have to walk as much. Thank you

Ian Morris

Returning to work will not impact on your claim at all. It is is important that you do not return to work if your Doctor does not believe that you are fit to do so, but in most cases if you can agree some light duties with your employer that enables you to work and therefore earn your income it will not damage your claim.

Reply

In 2017 i had an accident at work. On a very windy day fixing roof trusses that we had fitted the day before and they were wobbling and swaying in the windy conditions. Unfortunately on the following day, the trusses all collapsed, leaving me trapped between them with two broken bones in my back. My employer has said that there is no claim to be made. I have never to this day received any correspondence from my employers insurance or seen any accident report or even contact from the HSE. Is this correct information my employer is giving me?

Ian Morris

You describe a serious accident with serious injuries, the details of which warranted reporting to the HSE and RIDDOR. If your employer hasn’t reported this, they could be in trouble. You should certainly contact the HSE immediately regarding this.

On the second issue of any claim for accident at work compensation, it is not your employers position to decide whether or not you have a valid claim for accident at work compensation. Indeed, why would you trust them to make an impartial decision? We very much doubt that they have even advised their insurers of the incident.

We would like to take this matter further for you and get our specialist accident at work Solicitors to look at your claim for you. They can decide whether or not you should pursue a claim on a No Win No Fee basis and bring the matter to the attention of the employers insurance. If successful with a claim for compensation, you will be able to recover any lost income as well as seek damages – the sum of which could be considerable – for the injury you sustained to the discs in your spine.

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I am awaiting a doctors appointment to possibly confirm raynaurd syndrome. I work in a warehouse handling very cold cast iron pipes, joints etc.
We have gloves but they barely keep out cold from the elements never mind frozen pipes.
I mentioned my possible condition to my employer and now I feel they are looking for ways to get rid of me. They have collected all my hazard slips up and any pick mistakes I have made for the past 12 months +
If I get a diagnosis do you think I can make a claim? Also what if they sack me before any claim?

Ian Morris

The condition you are awaiting diagnosis for is a serious problem and is something that you can seek to claim compensation for.

We would need to find out more from you about your work and how long you have performed the role that you are doing and then present the information to our specialist Solicitors so that they could advise you as to whether or not you can make a claim for compensation.

Regarding your employment rights, the employer cannot dismiss you without you having either committed an act of gross misconduct or as a result of repeated disciplinary breaches.

Reply

Does my employer need to prove liability for an accident at work and do they need to prove it was my fault – which it was not?

Ian Morris

For you to succeed with a claim for accident at work compensation, we will need to be able to establish employer negligence as the cause of your injuries. In just a couple of minutes on the phone with us, we’ll be able to find out exactly what caused your accident and ask the right questions about training and health and safety in your workplace in order that we’ll be able to advise you as to whether or not we think you can pursue a claim against your employer.

It is for the employer to defend any claim made against them and by making a claim – which is your legal right – you cannot lose your job or have your working rights reduced. Remember, we work on a fully No Win No Fee basis, so you have nothing to lose by pursuing a claim or at least, speaking with our expert Solicitors.

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My employer didn’t raise my desk as requested for 18 months, during which time I develop severe foot pain in both feet and had to wear an air cast boot on one of my feet. I was prescribed tramadol by my dr, I’ve also developed neck, shoulder and arm pain.
I was eventually told work wouldn’t raise my desk as we were moving office.

Once we moved office it took them 12 weeks to raise my desk dispite there being a desk on section that had a built in handle to raise the desk.

I no have a raised desk but I’m still in pain, where do I stand on monetary compensation for my injuries?
Would persuing a claim be worth any sufficient benefit?

Ian Morris

Given your description of the situation at work, it would appear that there is a possible case of employer negligence here and that could well give rise to a successful claim for workplace injury compensation.

If an employer is placed on notice of a possible cause of injury and they fail to address the situation – either by taking action or by demonstrating that there is no reasonable action that they could take, they are then at risk of being responsible should any injury develop.

We would very much like to speak with you about this so that we can find out more about your work, what assessments of your workstation were carried out and by whom and what reports to the employer had been made about the desk being too low. Were occupational health professionals involved for example?

Reply

I was polishing wine glasses at work and a glass snapped in my hands and I ended up slicing my finger open and severing the nerve.

I’ve had to have surgery, spend 3 weeks off work and am currently coming back on lighter duties working my way up slowly as my finger begins to heal. Am currently in the middle of hand therapy sessions and the feeling still hasn’t returned to my finger because of the nerve damage.
Am I eligible to make a claim against my employer in this situation?

Ian Morris

Of course, we would need to speak with you in detail to be able to offer specific advice about your claim and your prospects of success. What we can say is that we have succeeded with identical claims in the past and our solicitor partners are currently pursuing a number of claims for people injured in the exact same way as you. Our article on finger injury compensation will give you some further info and potential settlement values.

Reply

500lb pipe fell on my foot at 8am. The boss made the guys finish loading pipe before taking me to the hospital. So at 12 I finally got to the hospital. I’m going to lose my big toe and have now gotten fired because I was not wearing my steal toe boots cause we were not on site. So my question is can I get compensation or am I totally screwed?

Ian Morris

Under UK Law, if the pipe was dropped due to negligence and was not your fault, you would be able to pursue a claim against your employer for workplace amputation compensation. There could be an element of contributory negligence to attach to your claim in that you were not wearing the correct safety equipment, namely the steel toe boots, which may affect the settlement value in your claim but this should not prevent you from pursuing a claim for compensation.

Reply

I’ve been off work since august with a work related back injury, i’ve only been with the company 8 months but they have now made me redundant while i am off sick can they do this?

Ian Morris

Your employer would be within their rights to terminate your employment as long as they follow the correct statutory requirements regarding redundancy or dismissal. If you are unable to work as a result of injuries sustained in an accident at work, the employer cannot immediately dismiss you for that as they must allow you a reasonable time to recover and return to work. If however, the injuries last for such time that you are not able to return to work in a reasonable time, the employer can ‘let you go’.

In your case, you may well have been injured as a result of employer negligence and if so, you should make a claim for work related back injury compensation. This is something that we could help you with and would be very happy to speak with you about.

Reply

I was told to prime a pump at work and when I took the hose off the pump kicked in, smashed my work glasses and cement and gunge out of the water hit my eyes causing my eyes to haemorrhage. 2 weeks later and 3 visits to the hospital I am still without my full vision and was told if I don’t go back to my normal work I will have to go on the sick even though there is light duty work, what can I do?

Ian Morris

Thanks for sharing your situation with us, the details of your accident at work and our response will be a useful resource to others who will be seeking help in the future.

It would seem that adequate safety protection requirements were not in place when you were instructed to prime to the pump and that a lack of training and risk assessment has played a part in you sustaining the injuries that you have.

We do hope that you are able to recover to pre-accident health quickly and return to work at the earliest opportunity. With regards to being on sick leave, if you do not receive your full salary whilst off, our Solicitors will seek to recover any lost income and expenses if you succeed with your claim by way of a special damages claim. If your employer has light duties that you can do safely and your Doctor is happy with the arrangements, you can return to work and mitigate any losses by doing so.

Reply

My daughter has been injured at work by another colleague who drove a pallet towards her and pinned her to the warehouse wall which caused her to sustain a severe hand injury. She went to hospital and when they x-rayed her – they have said she has a severely fractured hand and wrist and put it in plaster. She attended fracture clinic next day where they put permanent plaster on and signed her off work for 2 weeks and have booked her in for MRI scan due to injuries. She went in to work with sick note and they have asked if she would come in to do light duties when they can clearly see she is in plaster and signed off. She has asked for it to be reported in the accident book on 2 separate occasions but been fobbed off as the duty managers she has asked do not know where it is. What should she do please?

Ian Morris

Your daughter should write to the employer to put on record the details of her injuries and the incident that caused them. She should outline what happened to her, where it happened, how she was injured and what the injuries are. She should then send the letter by recorded delivery retaining a copy for her records and it would be wise to draw attention to the employers failure to properly report and record the details of the accident. Such a letter would go some way towards replacing an accident book entry and it would provide evidence of the accident at work that caused the injuries to her hand and forearm.

Offering your daughter light duties is a positive step by the employer. In the UK, employers are not obliged to pay full wages to any person during periods of absence – even if the reason for the absence is a work related incident or accident. Therefore, if your daughter can work on lighter duties, perhaps in a sitting role doing work that does not require the use of the injured hand, she can at least continue to earn her usual salary.

Given your description of the incident, our view is that your daughter has a viable claim for accident at work compensation. We would very much like to help her pursue a claim against the employer and to this end, I suggest that she calls us on 01225430285.

Reply

If you have a sprained wrist can my job make me work if I have a Doctor’s note that says I can’t?

Ian Morris

An employer cannot force you to work if you have seen a medical professional who has assessed an injury and deemed you unfit for work. If you have a Doctors note signing you off work due to an injury, the employer must respect that.

Reply

Is it right if you’re in a car accident like a day ago and then they make you work, and they want me to lie about my injury? I rolled a 5 ton garbage truck on the driver side.

Ian Morris

You should not be working if you are unfit to work. UK law allows a registered medical professional to sign you off from work on the grounds of ill health or injury if the Doctor is of the view that the illness or injuries would make it unsafe for you to work.

In your case, your employer should not be forcing you to work if you are not fit enough. I would imagine that the injuries you have sustained by rolling a large commercial vehicle would be sore today and worse in the coming days. With that in mind, it is likely that you should not be at work. Your employer is also acting incorrectly in asking you to lie about your injury and the car accident.

Reply

I had an accident at work and was dismissed as a result. I haven’t been able to work since due to an injury sustained during my accident. Am I still eligible for compensation?

Ian Morris

Whether or not you still work for the employer is irrelevant when it comes to making a claim for accident at work compensation. The key issue as with any claim is to establish liability against the defendant. In this case, if you can demonstrate employer negligence with regards to your health and safety at work and that this negligence has caused your injury, you are likely to succeed with a claim.

Reply

Hi
I work in a SEN school as a learning support assistant. Some of the children have behavioural issues. Over the past few weeks some of the policies have been changed by Senior Management which has had a negative effect on children’s behaviour. Many staff has voiced their cocerns about the escalation in violence but we’re told we need to give it time. Long story short I was left in charge of a very volatile 10 year old boy who barricaded himself in a room then decided he would remove the sofa as he was ready to follow instructions I went to go into the room and he slammed the door into my face. I ended up with a lump on my forehead pulled tendons down my neck and into my shoulder and possible mild concussion. I have involved the Police. The school have had a meeting of how they can change things. Should I put in for compensation?

Ian Morris

All employers have an obligation to assess the risks to the health & safety of staff with regards to any policies and procedures adopted within the workplace. In the scenario you describe, that would include staff and pupils. The employer may have a point in that the policies that have recently been amended and implemented do need time to settle in, but if the changes are leading to a serious risk of injury and damage to health, then there is also an argument that they need to be reviewed and amended urgently.

Given the injuries to your head and neck, we feel that you should further explore your options to seek a claim for compensation and we would like to help you with this process. As you can imagine, your situation is a little unusual and would need to be considered by one of our specialist Solicitors who deal with support worker claims, in order that they could provide you with accurate advice as to the prospects of success.

Reply

Injured my knee ligaments carrying a granite island kitchen work top which is 3 metres long and 900 wide with one other employee, which was carried over uneven grounds. My knee twisted as the weight was far to heavy and my leg slipped, does my work still have to pay me when off work and could I put a claim in?

Ian Morris

Your employer does not have to pay your usual salary whilst you are off due to the knee injury sustained at work. Employers are not obliged in law to pay usual incomes to injured or unwell employees even if they are away from work because of an injury or illness that happened whilst at work.

However, our view is that you can make a claim for accident at work compensation here. Your employer has tasked you with carrying an obviously heavy and large item in a way that would contravene manual handling guidance and that exposed you to a heightened risk of injury. When tasking staff with moving obviously heavy items an employer has a responsibility to make sure that the workers can do so without risking injury. In this case, it may well be that the item in question should have been moved on a trolley or similar item or that the ground should have been levelled to make it safer.

If we do pursue a claim against your employer on the grounds of employer negligence, not only would we seek compensation for the injury to your knee ligaments, but we would also look to reclaim any lost income that you incurred during your enforced absence from work. When our specialist accident at work Solicitors obtain an admission of liability in any claim, they also recover any lost income or costs incurred that can be directly attributed to the accident at work.

Reply

Hi,
I got injured at work moving a table. I was unable to move for 5 days with Lumbago and returned 2 after i was feeling better, in total was 7 days. I got a sick note from the doctor and i did explain to my manager how I injured myself over the phone and on my return to work.
I did not get paid anything from the company only the SSp and they have deducted 1 week from my salary but much more money that i would have received if i was working that week. I’m working in this company for 8 years and ive never called sick before.
What should i do?

Ian Morris

There is no obligation for an employer to pay full salary to an employee who is away from work due to injury or illness – even if that injury or illness was caused by a workplace accident or an accident at work.

Your only route to reclaiming your lost income is by pursuing a claim for compensation for the injury to your back. You would have prospects of succeeding if there is any element of employer negligence that we can demonstrate – such as a failure on their part to provide manual handling training or failing to risk assess the work that they had asked you to carry out.

Reply

If you break a finger at work, but went right back to work bandaged and wearing a splint after surgery, and my employer is now saying I am not entitled to anything, is that right?

Ian Morris

That is not correct. The fact that an injured worker has returned to their work immediately although injured, does not prevent or preclude them from making a claim for personal injury compensation.

The key to whether or not the injured worker is entitled to any compensation will rest on the cause of the accident. To succeed with a claim for accident at work compensation, an injured worker must demonstrate that the employer has been negligent and in this case, it is how the finger was broken and why that is important.

Reply

The accident was reported in the accident book, The reason I’m still wearing my support brace is that cysts have formed around the trauma area of my thumb. The hospital have said they should go after 3 weeks, however if not i have to go back to my doctors.

Ian Morris

You state that your employer failed to provide you with the training that should happen every six months and that you were not given training for over a year. If the 6 month interval is a requirement of the employer they have failed and would have a case to answer in terms of employer negligence.

In this case I think you should be pursuing a claim against the employer and this is something we would like to assist you with further.

Reply

Hi my husband works for a company cleaning guttering and roofs and comes into contact with pigeon and bird excrement on a daily basis. Last year he also was given some acid to use to remove graffiti off a wall. He has never been given any protective gear mask or anything. Whilst doing this job he took really ill and went into hospital unable to breathe and the doctor kept asking us if we kept birds at home, which we don’t. After a few days he was taken to the high dependancy ward and they diagnosed a collapsed lung and a viral infection, he was in hospital for three weeks and off work for 3 months. Could we make a claim against his employer for not providing ppe? I also find it a bit odd that while he was in hospital the company he works for put every employee on a course on wearing masks and how to fit them on and wear them safely. I think they panicked.

Ian Morris

Yes, your Husband’s employer has breached their Health and Safety obligations and by failing to provide PPE to him, they have exposed him to illness and injury that was otherwise avoidable.

Please call us on 01225430285 so that I can offer further assistance and help get your Husband’s claim up and running.

Reply

I was an acting senior going about duties in a dementia residential home. One member of staff on each floor, one resident whom had not slept all night being very agitated aggressive loud disturbing other residents. After numerous times of trying to calm her down awoke another resident who thought it was time to get up, both came downstairs. I explained it was too early to get up, time being 4.40am, I then went back upstairs taking both residents with me to their rooms at opposite ends of floor. When I tried to get one resident one way and one the other the one that had been awake and agitated all night started to push me in the back as wanted to go in opposite direction. I physically blocked the fire exit as I didn’t want the other resident injured. I was still being pushed then continually punched in neck and right shoulder for about 100 yards both staff came to assist me, one of whom had to pull the resident off me, I went next day to gp who signed me off sick for 10 days but had to go back after a week and was prescribed diazepam as wasn’t able to move shoulder and signed off for another two weeks. I was informed by work I had to attend occupational health whom advised me to go back to gp for more investigation on shoulder and neck, again another sick note for 6 weeks. Can you tell me where to go from here please as gp is sending me for a scan?

Ian Morris

We would like to get one of our specialist Solicitors with expertise in care worker claims to discuss this incident and your injuries with you as there could be a valid claim here.

Reply
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