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 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?

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.

Myself and wife have a claim being brought against her employer as an injury happened whilst at work moving some equipment around. The employers insurers are denying breach of duty, but the buildings and furniture (equipment etc) had not been risk assessed. In actual fact they did these 3 weeks after her injury. What does denying breach of duty actually mean?

When claiming personal injury compensation, the claimant must establish that somebody else was at fault if they are to succeed with their claim. Fault, or liability will be demonstrated when it is established that the defendant has been negligent, either with regards to their actions of by a breach of duty in law. It is this that is known as breach of statutory duty.

To successfully defend a claim, the defendant is obliged under common law of negligence to be able to prove that they have done as much as possible to ensure that all has been done (as far as is reasonably practicable) to identify risks of injury and do as much as possible to reduce the risk of injury. Such steps would be to ensure that all staff are properly trained, that protective equipment is available and that maintenance inspections are regularly carried out.

In cases of claims for personal injury compensation as a result of an accident at work, the fact that an injury has been sustained may not be sufficient to enable you to recover personal injury compensation as a breach of duty must be demonstrated.

In certain matters, the law will require specific duties that must be met and these are commonly labelled ‘statutory duties’. When this is relevant, the law will identify what action will ensure compliance with the statutory duty in question. When a defendant has failed to carry out the imposed legal duties and an injury is sustained as a result, there is a strong likelihood that a claim for personal injury compensation will succeed.

Thank you for a speedy reply, so if the defendant has neglected to provide staff with correct manual handling training and equipment and building not risk assessed at all; and said back injury occurs would constitute negligence in duty?

If the employer has failed to provide manual handling training to their employees, there is a clear argument to be made to say that they have failed to uphold their responsibilities towards the health and safety of their staff, should any staff sustain injuries as a result of lifting and moving items.

The lack of manual handling training and risk assessments indicates employer negligence, but this does not in and of itself guarantee that a claim for accident at work compensation will succeed, but does certainly add strength to the claimants.

For around 2 to 3 years now, I have been asking my employer to make adjustments to the equipment we use to change machinery rollers in the manufacturing process I work on for the company.

After speaking with Health & Safety representatives, they have seen room for improving the equipment but nothing has been done.

The lack of any action has caused me to suffer several back problems and absence from work with a loss of pay.
Several times I pointed out to my employer what should have been changed or improved to make work tasks easier and less dangerous. On several occasions, I have ended up suffering from sciatica and back problems.

No risk assessment has been caried out and my employer has also put me on a warning for the time I have had to have off due to my injuries.

Can I make claim against my employer for their negligence towards my well-being and health & safety at work?

It certainly sounds as if your employer has been negligent towards your health and safety at work. The only problem I could see with your claim is whether or not you are within the 3-year claim period.

However, I would like to investigate this further for you as I think you may well have a good claim here.

On 22 May 2017 I had an injury at work and it was identified that I had a torn ligaments and due to this injury am now attending physiotherapy on Tuesday and Fridays from that date. So my question is should the company provide me with the transportation to the physio or should I be the one who transport myself? if the company should provide me the physio and the staff support is not willing to do that what should I do? Because in my case some people were being transported by staff support and I am not. What is exactly the right procedure regarding transport?

I’m afraid that there is no hard and fast answer to your question regarding your employers responsibilities and whether or not they have an obligation to provide you with transport to and from physiotherapy appointments. In the UK, there is no obligation for employers to provide transport to or from medical appointments. In most cases, employers will not provide such a service as they would deem it to not be their responsibility to do so. Indeed, in cases where employers do provide such transport, it is a rarity and will depend on the contract of employment held by the injured employee.

It may be that you have a viable claim for compensation against your employer for the injuries that you sustained. In the UK if you succeed with a claim for compensation, you can claim compensation for the injuries you have sustained as well as recovering any lost income and costs incurred as a result of the accident and injury. This element of a personal injury compensation settlement is known as a ‘special damages’ claim. In your case, if you succeeded with your claim, you would be able to claim the costs for any transport and parking fees that you incurred whilst attending physiotherapy.

Hi Ian,

I have had an accident at work where I badly broke my leg. However because I’m a director of the company concerned I have been told I cannot make a claim, because I would be suing myself!!

Do you think it is worth pursuing this?

Being a Director of the business does not mean that you have no legal rights to seek compensation, indeed, we currently have a couple of claims being pursued for Directors of businesses that were injured whilst at work.

Clearly, you have sustained a nasty serious injury and with this in mind I can appreciate why you are investigating your options. Whether or not you can claim will depend on the nature of the accident and how it happened.

Can I suggest that you email your contact number to me so that I can call you and we can have a quick chat about your accident? We could then advise as to whether or not we think you have a viable claim?

Is my employer responsible for transporting me to my physiotherapy sessions after injury?

There is no obligation on your employer to provide transport to and from medical appointments – certainly under UK law. All your employer must do is act in accordance with their contractual obligations to you and provide a safe and secure working environment, including acting on any reports made by workers regarding possible hazards or dangers to workers.

Hi,
I was injured on the 29th October 2015, I was in and out of the hospital for the rest of that year. In January 4th 2017, i was admitted in hospital and had a spinal decompression done with a donor bone taken from my hip. Ever since then, i was not at work until the 15th August 2017. I had to return to work as the company was no longer paying me my salary, but due to my injury, i had to see my doctor again and advised him that i cannot continue to work due to the pain that i am having. i have had two of my cervical vertebrates removed and fused with screws. Please advise how can i go about claiming? I have returned to work on the 28/12/16 and had a doctors appointment on the 09/01/17, upon producing my progress report to my manager, he said that i will not be be getting paid for that day and that i must claim from WCA… Can the company say that to me?

Whether or not you can claim compensation for the serious damage to your spine will depend on whether or not you were injured because of employer negligence.

In most cases, if there has been an accident at work, an employee can pursue the employer for compensation. The vast majority of such claims would be made against an employer liability insurance policy.

In terms of whether or not your employer should pay you or ask that you claim from another body (in your case you cite the WCA – an organisation I am not aware of here in the UK) depends on the circumstances of your contract of employment.

We’ve more information on spinal injury claims if it helps.

hi ian morris can you please advise me.
i am currently pursuing a claim against my employer through my union, unites legal service thompsons, for an accident i had in in july 2015, but the solicitor advised me if my employer denies liability, there is no guarantee they will issue court proceedings against my employer, even although i have demonstrated employer negligence.
i do not know why they are saying this even though everything is in order, the accident book, my medical reports etc.
now i am thinking i should have gone through a private legal firm operating on a no win no fee basis.
i am asking is this action legal for them to not pursue my case in court and recover my lost income and compensation for my personal injury.
i have lost my job on grounds of capability because i am no longer fit enough to carry out my contracted duties.

Thank you for contacting us. We may be able to take over the running of your claim if you wish – whilst the Union Solicitors should (and normally do) act in your best interests, we do hear anecdotal evidence that when people use a Union law firm, the outcome of their claim is often not satisfactory. Indeed, many people who have come to us in your situation have cited an apparent conflict of interest with the Union Solicitor and report their unhappiness with how things have been handled.

You can switch solicitors during a claim, so if you would like us to get one of ours to speak with you and review the work done by your current solicitors, please call us on 01225430285.

I hope this helps.

I burnt myself spilling soup at work on my arm and was allowed to put it under cold water but was not allowed to go to hospital. I had to keep working and then when I asked at the end of the night I was told you have to polish cutlery before I leave, that’s 5 hours working with my injury and I then at 12.30pm went to hospital with 2nd degree burn.

Taylor, thank you for letting us know about your accident at work and the nasty burn injury you sustained. We feel that you have a viable claim for compensation and to this end, we have now passed this to one of our specialist accident at work injury compensation solicitors and asked them to call you directly.

I wish you a speedy recovery from the burn and the best of luck with your claim for compensation. In the meantime you might find it helpful to read our article on workplace burn injury claims.

I work as a labourer for local firm and we do lot of work for local council. I drive a tipper truck for the company which belongs to the company the last 6 months, the tipper broke down so I had to unload it by hand. I told the boss i need help as it was all heavy materials to unload, or can he get the tipper fix? Then I was told by the boss that if I won’t drive truck then there won’t be any work for me, so I carried on working as I need the job for my family.
Over the last 6 months the truck got worse as rust was eating the metal away leaving big holes on the tipper where i had to stand to unload. The company had another wagon which was new and in good working order. I went to the council 2 or 3 times a day and had to unload heavy materials on my own. The other wagon the company own was being used, the tipper works and they always had 2 people on that wagon.
On Wednesday last week at 8 in the morning I had accident when tipping of waste on me own and doing it by hand, ambulance was called then I was in hospital I’ve had one phone call from my boss which I couldn’t answer because I was in hospital, so in 5 days I haven’t heard from my boss. No-one let my family know that I was in hospital, my partner found out at 15:00 the day it happen when I rang her from hospital asking for help to get home, as when the paramedics took me to hospital they’d cut my tops off & I didn’t have any money with me for transport home. I’m in lot of pain with back now I don’t understand why is my company being like this. Also since I had the accident no one from the company has been in touch to ask how I’m feeling or if I’m in need of anything. I do hope this makes sense.
Many thanks.

Your story is certainly one of employer negligence and sadly a typical story of an avoidable workplace injury. Given what you say, I would be very certain that you have a strong claim for compensation on the basis of liability. You have previously (and it seems repeatedly) put your employer on notice that there is a risk to your health and their failure to repair the broken tipper or replace it with one that works is definitely negligent towards your health and safety at work.

When it comes to claiming compensation for workplace injuries, the key element that a claimant must prove to succeed with their claim is employer negligence. All employers have a responsibility to ensure that employees are provided with a safe and secure working environment and that machinery, equipment and vehicles are maintained safely and that all tools work properly. As I have already said, I believe that you have a very strong claim for compensation. My only concern is whether or not the details of your injury are on record with your employer – by way of an accident book report. Of course, there will be Ambulance Paramedic records relating to what they found and what treatment you needed, but it would be wise to ensure that what happened to you is properly recorded by your employer. I would therefore write to them or email them describing the broken truck and that you had reported that before and what happened last week.

The only concern you may have with making a claim for compensation is that it sounds as if your employer will not be too happy with you for taking such action. I say this because they have clearly given you a choice of driving the broken truck as it is or lose your job when you have raised the issue of the faulty tipper mechanism. If you have worked for your employer for more than 2 years, it is very difficult for them to simply terminate your employment and they cannot (by law) in any event for simply pursuing a claim for compensation.

We would very much like to help you with a claim to cover the injuries you have sustained and any lost income whilst you are unable to work.

I work in a special needs school and have been bitten(more than once), smacked, punched, my nose nearly broken.

I have only been working there as a Teaching assistant for 2 weeks.

I’m not sure where I stand in regards to my rights.

Just in follow up…..I am still to receive the training that I was promised when I started in the position.

Clearly, you are not having a great time of it as yet and it certainly sounds as if your employer has been negligent in respect of your health and safety at work. The role of working within a special school is known to present problematic situations to the staff. There is always going to be the risk of violence from angry or confused students or the need to restrain students if they become anxious, stressed or angry. With this in mind, an employer knows that there is a foreseeable risk to their staff and as such, MUST ensure that all staff are provided with the requisite training, tools and guidance to enable them to work as safely as possible and reduce the risk of injuries such as those you cite as far as can be done. It goes without saying that even if an employer were to provide all of this training and support, this job would still present a risk to ones health. It simply is not possible to remove ALL risks of injury from any job, the key is to minimise the risks and provide the tools and know-how to enable staff to do so.

As a new worker, you should not be placed directly in to the ‘firing line’ without having the required training and knowledge to work safely. As you state that you have not yet received the training, I would say that your employer has been negligent and that you have every right to pursue a claim against them for compensation.

To protect your rights after an injury at work, I would recommend that you ensure that you place on record (either within an accident book or by emailing your HR department or line manager) the full details of the injuries that you have sustained, the incidents in which you have been injured and that you are still awaiting the basic training you were promised before you started this role. You should also seek medical treatment for the injuries – both physical and psychological.

We would be more than happy to link you with the right specialist solicitor.

Hi. I had an accident at work, I have broken wrist I wanted to ask a question. If I put the claim in and return back to work would it effect the compensation? Thanks.

This is a really good question. Should you return to work, it would not affect you should you decide to pursue a claim for compensation. The only thing returning to work does is that it enables you to earn your usual salary and reduces the stress and worry that you would otherwise suffer whilst worrying about paying your rent, buying food or running your car. If your job is a physical one and your injury means that you cannot work in your usual role, you should speak to your employer to see if they have any alternative lighter duties that you can do whilst you recover. That way you can continue to work and earn money whilst you recover from your injuries.

I work as a housekeeper, today i was putting a tv back in its cabinet with a button (tv at the end of bed) i was on the floor and the button clicked as if the telly had come fully into the cabinets. I looked up i seen that it was still in the same position and hadn’t moved, which i thought unusual as normally if its not aligned correctly or if something is sticking out it would make a strange noise. Anyway as i went to stand up i used my right hand to pull myself up at the bottom corner of the unit and bang all of a sudden it came crashing down on my hand and crushed my thumb taking the end of the bone and my thumb off. I have been to hospital they could not save the end as it was too crushed, now have to go to durham tomorrow to see if they can stitch me up in some way. As i’m a housekeeper i’m not sure if i am entitled to anything for my injuries and feel awkward asking as i get on with the family very well, i am classed as an employee and am on the books etc, please can you advise me if its better to see if they have home insurance that covers third party injuries or is it best to see a solicitor risking bad feeling at work. Thank you in advance for any advice.

I understand your worries about claiming from the employers with whom you work. It is not uncommon for people to worry about making a claim for injury compensation against an employer that they get on well with. However, the injury you describe is very serious and will have life-long consequences for you.

Whether you claim from their home insurance (which is highly unlikely to cover you as you are an employee) or from an employers liability insurance policy, one thing is certain – you need specialist expert representation to ensure that you get a fair and just outcome. Remember, claiming against your employer will not affect them directly, it will simply be a claim against an insurance policy.

From the sounds of it, your employers are nice people and with this in mind, I am sure that they would want you to be adequately compensated for such a nasty injury. Our article on thumb injury claims will give you an idea of how much you might expect to receive.