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 toppled a mini digger whilst at work on a construction site. I had no tickets to operate the machine and I was never asked for any whilst using the machinery on the site during the 4 months I’ve worked there. Who is liable?

I am still employed by the company and was off work for five weeks on full pay after the accident. My foot was broken in this accident but I am now back in work full-time but my foot has still not not healed with a deep cut. Thank you.

The employer or site contractor (whoever had responsibility for the operations on the site) has a responsibility to ensure that all staff are working in accordance with their qualifications and licences to operate various machinery. Construction site digger operatives must have a relevant digger operating licence to be able to legally operate a digger and as the employer has failed to ensure that you are appropriately trained and certified to work on such a machine, they have been negligent and you have a right to make a claim for compensation against the insurance cover that the site has to have to cover construction site accidents or accidental damage to property or utilities. As you would have known that you were not appropriately trained and qualified to operate the machine, you may face having to accept an element of contributory negligence, but given the severity of your injury and ongoing problems caused by your foot, it would still be very worthwhile to pursue a claim for compensation.

i had an injury at work, was trying to shut a giant barn door and it took me and flung me into a wall with brambles resulting in minor face injury’s and a fractured elbow in 2 places. Would i be able to claim and if so how would i go about this?

Please call us on 01225430285 as you may well be able to make a claim for personal injury compensation.

I had 2nd accident at work in 6 months. Still off work now with knee injury. Unable to do the job anymore lorry driving. Do I still have to give.1 months notice to employer ?

As long as you remain employed, you would need to follow the contractual obligation with regards to any notice period.

If you would like our help in making claims for personal injury compensation and loss of income as a result of your accidents at work, please call us on 01225430285.

Two days ago I had an accident at work which resulted in the ligaments in my left ankle being damaged. At the time, I contacted my manager to report the incident and she told me that I needed to stay and finish the job and said that I would be ok the following day. After the phone conversation I contacted the H&S outsourcing company and I told them what had happened and they recorded the incident. The lady on the phone told me to go to Hospital so I did and it was there that I found out that I had damaged the ligaments in my left ankle. Doctors told me that I needed to avoid walking on it for a few days and that after two weeks to put fixed walker and to have light duties at work. My manager is trying to prevent me seeking medical attention, she never asks me to fill any report and she is acting completely improperly. Do you think I have case?

Your Managers conduct is incorrect and should be reported to the Senior Management team within the workplace. All accidents at work should be recorded correctly and no employer should prevent an injured employee seeking medical attention after an accident at work.

In terms of whether or not you have a valid claim, we need to know how you came to sustain your ankle injury and what caused the ligament damage. Please let us know what happened – either by replying to me, or by calling us on 01225430285 to further discuss your accident at work so that we can then advise you regarding a potential claim for personal injury compensation.

I had an accident at work which resulted in the ligaments in my left knee being damaged. As a result of this, I’m currently awaiting an operation on my left knee. The incident was recorded in the works accident book and they were paying my normal salary up until January 2022. The accident happened in September 2021. Are they allowed to stop paying me? I can’t work due to my injuries and I still have bills to pay. I think that it’s totally unfair.

Sadly, the law does not require your employer to continue to pay your full salary for any period beyond their own contractual agreement with you. This is the case whether you are off work as a result of an accident at work or for any other reason. In many ways you have been fortunate to receive full pay for 3 months as the majority of people are immediately left to survive on statutory sick pay if they can’t work as a result of injuries sustained at work. However, it is an unfair situation and you are now left with an additional worry alongside your injury – having to cope with a loss of income.

Whilst this situation is clearly a worry, there is a potential route to recover any loss of income and this is something we can help with. If your injuries were caused through no fault of your own, we can help you to make a No Win No Fee claim for personal injury compensation against your employers insurance cover. If successful with a claim, not only would you be compensated for the pain and discomfort caused by your knee injury, but you would also be able to recover loss of income and potentially also recover the costs of private post surgery rehabilitation therapy.

Of course we need to know more about your accident at work in order to be able to ascertain whether or not you can pursue a claim, but you may well be able to do something about your situation.

my partner had accident at work and injured his back and now waiting for surgery, he has been on 6 month review on light duties at work, they had a meeting last week and have now decided that he must go on sick pay which we feel he has been treated unfairly. he would like to make a claim against them as he may not be able to work due to this injury.

Although unfair, the placement on SSP by the employer is sadly legal and they are entitled to take this action.

However, any lost income caused by the injury at work can be recovered if he succeeds with a claim for personal injury compensation for the injuries sustained in the accident at work. We can assist your partner in making a claim on a No Win No Fee basis. Our specialist Solicitors will ensure that his rights are upheld and that any settlement obtained appropriately reflects the severity of injury sustained and the impact that the incident has and is having on your partners day to day living.

I have worked for my company for 8 years and have not got a proper desk and have never had a desk safety assessment. I have just been diagnosed with spinal osteoarthritis. Can I make a claim?

In the period that you have worked for the employer, have you made any written request to the employer for a work station assessment or for a more suitable work station set up? If you have and the employer has ignored the report or failed to act upon your request, you are likely to be able to make a claim for personal injury compensation.

Hi, my partner was injured at work, he was there for 12 weeks when he was injured. They then sacked him a few days later, because he had not been there the 13 weeks, does he have any rights? He is a truck driver.

Your partner has the same rights as any employee, whether full time, permanent, part time or even those who have since left the workplace, to make a claim for personal injury compensation so long as they do so within 3 years of the date of the accident.

Good night, I work by contract at amazon as a delivery person, another delivery hit the cart with weights on my foot on the way out of the building, the blow was so strong that I screamed. I couldn’t walk and the guy who did that left without giving me assistance too, the company said it will pay with medical costs, I haven’t been able to walk for 1 week and I feel a lot of pain, I can’t sleep with pain, how should I proceed? I’m afraid I had something more serious, because the blow was too strong.

You have been injured through no fault of your own in an incident at work and you can therefore pursue a claim for accident at work compensation. To give your claim the best chances of success, make sure that an accident report/accident book entry has been made and that you seek medical attention for your injuries.

Our Solicitors will be happy to act for you in pursuit of compensation on a No Win No Fee basis.

Hi, I worked for a fuel company delivering diesel fuel to companies for their vehicles and had to make a delivery at a unsafe premises where I slipped and fractured my vertebrae, no one available to help me, got back to my place of work and had to take myself to hospital with no help from my employer, after returning back from hospital in back support my employer said that if I claimed compensation I’d be out of a job, I’m now retired and still have problems with my back since my accident at work, do I still have a claim?

Did your accident happen within the last 3 years? If so, you can still pursue a claim and we can assist you in doing so. Please call us on 01225430285 or use our website to start your claim.

If the incident happened more than 3 years ago, you will be statute barred and unable to make a claim.

Hi Ian,
I work within the hospitality industry, and had started a new job in a bar/restaurant, and suffered a severe burn to my hand in work on my second shift, due to plates being far too hot for someone to touch. This burn left my hand blistered (I have photographic evidence), and stopped me from being able to move my fingers due to the severity of the blisters.
My employer told me to get on with my shift as there was “nothing they can do about a burn”. They never filled out an accident report form with me, nor did they help me with any further after care. I wasn’t able to work the next day due to the burn and had to phone in sick. I was working the next week and they put me straight back to working with hot plates etc even though my hand was still blistered and I didn’t have full mobility. They then dismissed me from the job because I wasn’t able to continue work as my hand hadn’t healed yet from the initial burn.
I was just wondering if I can claim from this and if so, how do I go about doing this?
It should be noted my former employee never went through any health and safety regulations with me when I first started the job, and as I say this was only my second shift on the job.

Please contact us for further help as we feel that you have valid grounds to pursue a claim for being burned at work. The fact that the former employer didn’t make a record of your injury in an accident book is not ideal, but if the incident happened recently, you should write to them to make your own report of the accident (list the details of what happened, where and when and include injury information) and make reference to the fact that they didn’t offer training or record the details at the time. If you send this via email, you’ll have a copy in your ‘sent’ folder to retain for your records.

If I’ve had a accident at work and have just found a new job would that affect my claim by leaving workplace where the injury happened?

If you’ve left the workplace where you were injured, it is not a problem. A claimant can make a claim whether they are still employed by the employer or if they have left and now work elsewhere.

Not at all. Whether you still work for the employer or have left since your accident at work, you have a right to make a claim, so long as you start your claim before the 3rd anniversary of your accident. Simply make sure that the details of your accident and injuries are recorded in the former employers accident book.

I am a delivery driver and have been off work for 2 days now as when delivering a parcel to a house there was no one in so left the parcel safe and posted a note through the letterbox. On doing so I had the end of my finger biten by a dog. Now i can’t do my job properly due to the injury. Where do I stand?

Our Solicitors can advise you on the specifics of your injury and consider whether there is a viable route to pursuing a claim for personal injury compensation. The key thing to do initially is to ensure that the details of the incident are recorded with the employer in writing – whether that be an accident book or an incident reporting system. You should also ensure that medical attention is obtained to help win a claim for the injury to your finger.

I am a carer and a client fell over and knocked me into the road.
I have sprained wrist and fingers also sprained my shoulder.
I’ve been on sick pay now for 4 weeks.
Can you tell me what are my rights to compensation?

You would only be able to pursue a claim if you could demonstrate negligence on the part of your employer as a cause or partial cause for the injuries you sustained. You mention that a client you provide care for fell on to you. Of course, this is unfortunate and indicates that the client has mobility or independence issues – which is probably why you provide your services to them. As such, do you know if the employer had failed to provide appropriate equipment or sufficient assistance to minimise the risk of injury?

I work for a large supermarket as a personal shopper. In 2019 I sustained a shoulder injury when pushing my trolley round the end of an aisle and colliding with a cleaner using a large floor washer. The doctor said it was a frozen shoulder. I was taken to hospital from work with back pain, I was off work for 2 months, the back pain came from compensating from one side due to shoulder pain. The accident was put into an accident report by telephone. Since going back to work I have been on lighter duties. I have had physio over the telephone and exercises through email due to lockdown. I still have shoulder pain, would I be able to put a compensation claim in? Thanks.

You can make a claim as you are within the 3 year limitation period. We could have our specialist Solicitors act for you and seek compensation for your shoulder injury and any associated costs or losses that you have incurred.

I am a 61 year old female and I have worked for Tesco for 5 months on a temporary contract, although this ends 31st of October.
During my occupation I have had to lift racks of bread off racks that are 7ft high, also many boxes of frozen bread if & on shelves in the bakery.
I am presently trying to complete my notice there, but have not informed them that I have suffered a hysterectomy prolapse, which I went to the doctor about last week. Awaiting referral, I feel it is the right thing to do, completing my notice, but I fear I am damaging myself further, as I am now at risk of affecting organs, if I strain further. What should I do?

It is vital that you protect your interests should any further ‘injury’ or worsening of your condition happen as legal action or a claim could be appropriate in due course. With this in mind, making the employer aware of the issue in writing is something you MUST do. You don’t have to allege any negligence at this stage, but simply inform them of the nature of your work, the impact on your health and if there are any issues you are aware of – such as a lack of adequate manual handling training or other issues (such as the height you are having to lift the items from), make sure that you reference the same in your written report to the employer.

Should your Doctors believe that your prolapse is related to the work you have been doing and you wish to further discuss a potential claim, please call us on 01225430285.

I was only employed for 6 week’s before my accident, am I still able to claim compensation ?

The amount of time you were employed is unimportant really. All employees have the same rights when it comes to health and safety at work and potential claims for accident at work compensation whether they have been employed for 8 hours or 8 years. The absolute key issue in all cases is the cause of the injury and whether negligence can be attributed to it either in part, or in full.

I stepped out of my delivery van and fractured my ankle at work & I have been off for 5 months altogether.

When it happened, I phoned work couple of times but they did not get back to me. I worked the whole week but work never asked how I was or provide any help for 3 days. I went to hospital a week later due to the pain and was told I had fractured my ankle in 2 places. I was signed off for 3 & 1/2 months and then went back to work because I was worried about my job. Once back, I struggled every day doing up to 140 deliveries with a helper and learning a new route. I had no support from my manager. All she said was what do you mean you’re struggling with your ankle? You’re back to work and you should be ok now.

My ankle was painful every day working and then I had a small accident with the van, knocking a customers small low wall which resulted in a little bit of damage. Naturally, I rang my manager to report it and all she did was swear at me and spoke really nastily to me. This upset me and I was then signed off work for a further 2 months. I feel as if I can’t do my job anymore and I am also now dealing with depression due to the way my work and manager have treated me since my accident. I have been there for 21 years and was never treated like this before. Do I have any chance of taking action against my employer?

We need to speak with you to find out more about your accident at work in order to advise you further. We need to know what caused the ankle fracture as that is the key issue at this stage. The way that your employer has treated you subsequently is a matter that our specialist Solicitors can advise further on, but for now, we need to identify whether the cause of your ankle fracture can be attributed to negligence – such as a damaged or disrepaired surface at the delivery site, a fault with your vehicle (step?) or anything else.

I work for Amazon, as a picker. The conveyor belts were down so we had to remove the tote boxes and stack them on a UBars. The water spiders are responsible to placing the ubars and taking them away once we have loaded 12 totes on to it. As I was loading a tote the uboat moved and I stretched and felt severe pain in my back. I was taken to the medical team who sent me to hospital and I am now off work and will not be paid for 3 days then will be on SSP. I have had my probation extended due to being off and now I am worried they will dismiss me under the terms of my contract. Who is to blame for the accident and how do I stand in relation to making a claim? It was another member of staff that did not apply the brakes and caused the problem.

You would appear to have valid grounds to pursue a claim against the employers insurance for the injuries that you have sustained along with recovery of any lost income or other costs that you incur as a result of the injury to your back. As the brakes had not been applied by the person responsible for applying them, this accident was not your fault and the injury was avoidable. As such, I think you have a good chance of succeeding with a claim.

I injured my back eight months ago at work, reaching across a desk as I was rushing about and looking after patients who we should not have had admitted as their mobility was very bad, they were not correct patients for our unit. Are they negligent?
I have had two explanations for my back injury, one from a Physio and one from a Chiropractor.
My question is can I ask my Employer to pay for an MRI scan? as I injured myself at work and I need a definite answer and confirmation of what is wrong with my spine, as I am still in a lot of pain.

You can request that your employer pays for a private MRI scan, but there is no obligation on them to do so. In your case, whether or not the employer has been negligent is certainly something our Solicitors can consider and advise further on.

In march this year i was employed on a self employed basis carrying out security on the HS2 contract in oxfordshire, i was involved in the eviction and removal of protesters from the group known as extinction rebellion, after the protesters where removed a security cordon was put in place and i was positioned on a grass verge around 3 feet high above a country lane, one female protester broke the cordon and ran towards me, as she approached she darted to my left causing the verge to collapse, the subsequent land slide caused me to fall and i ended up with a pilon fracture to my right ankle i was then taken to stoke mandeville hospital and then transferred to the trauma unit at the john radcliffe hospital in oxford where i received a number of operations to save my ankle i spent 3 weeks in their care, i have been told that i cannot claim, i did not receive any formal training prior to the accident nor have i signed any accident book, i have received very little support from the company that had employed me, i am left with a permanent limp and very little prospect of future employment.

The lack of training issue is certainly something our Solicitors can consider when evaluating whether or not that would have had any material difference in reducing the risk of your injury.

If you would like our Solicitors to consider your claim enquiry, please provide further information via the ‘start your claim‘ page of our website and we’ll have this matter investigated for you.