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...

Am I allowed to claim any money in this instance:

Back injury at work – dog escaped from Kennel, I tried to catch dog and ended up on the floor, damaging muscles in my back. Still having trouble 8 weeks on.
I have had 3 sessions of private physio before doctor referring me. Can I claim this money back?

Whether or not you can pursue a claim in such circumstances will depend on how the dog escaped and whether you had been instructed to attempt to catch the dog by your employer? If the dog escaped from the kennel due to a fault with the latch or some other form of negligence, you may well be able to pursue a claim.

Hi I was wondering if I could put claim in for a eye injury at work , but I have left due to safety concerns , I worked nights and was ripping card up and it hit me in my eye which cut my cornea then I ended up losing my eyesight due to an eye infection , I had to have eye laser treatment plus was off work for a while , I also wanted to move off nights and go to lighter duties , but no one got in touch to confirm this.

Did your employer provide formal training or any personal protective equipment (safety eye glasses)?

We would certainly like to further investigate this enquiry as there appears to be questions to ask of the employer and their approach towards health and safety at work. Please contact us to provide further details and we’ll be in touch to advise you of your rights and options to make an eye injury claim.

My hand got stuck in machinery at work, where there has been minor incidents regarding same part of the conveyor belt! The belt joins another belt with a small space which causes suction when both belts are moving. I was placing items on the belt when the left belt started moving & my hand was sucked into a tiny gap, leaving it swollen, badly bruised (soft tissue injury).

I shouted to a fellow employee to hit the emergency stop, which he did as quick as he could. One of the senior employees took me to an office, got me a drink of water & tore a piece of paper from a notebook to take a statement! (all while I was in shock!) He asked me how to spell my 1st & last name, wrote my account of what had happened & read it back to me but it was not signed by myself! I was told to take the next day off & he would make sure I was paid.

When he called to check on me the next morning he told me he that he had put the day off (a 12.5hr shift) through as one of my holidays so I would get paid. After taking the day off “on holiday”, I returned to work the next day (so as not to lose any more money). I was not approached by any senior member of staff until a couple hours into my shift and it was the one who took the “statement” who asked how I was, then left quickly. Around an hour later the regional manager asked how my hand was & said that we would fill it into the accident book that day but they haven’t done this as yet.

I was asked if I could drive home or if I wanted taken to hospital while I was giving my statement, but said I was fine to drive & would go to hospital with a family member later, which I did.

I did show the senior member of staff where it happened & exactly how my hand got sucked in, he took pictures of my injured hand & of conveyor belt.

You have a valid claim for compensation for the injury to your hand as the employer appears to be aware that there was a fault with the machinery in question in so much as it had previously caused injury to other workers. As they have not prevented further injury, that may be seen as employer negligence. As the incident has been reported, even though you’ve not signed anything or seen a formal accident book entry, there will be evidence on record to support your claim and as you have attended a Hospital, there is also medical evidence available to help should you pursue a claim.

Our Solicitors would be able to seek to recover compensation for the injury to your hand, recover any lost income (or holiday allowance) and other costs that you have incurred on a No Win No Fee basis and should you make a claim, it would not have any impact on your employment rights or affect your job in anyway.

My son is a mechanic. At work, the mechanical ramps were out of order (for two weeks) and he was working underneath cars using just a board on the ground with jacks. His employer was well aware that this was not good practice, but my son didn’t feel he could complain or report this to health and safety (he was only 21).

Since this, he has suffered ongoing back issues. Any time he attempted to take time off due to the pain he was pressured into going into work due to staffing issues. He has since changed employment, but has recently had to be off for three weeks due to the ongoing pain and suffering and is now waiting to see a physiotherapist. There are concerns that he may have to change career as a result of this injury. I’m not sure if we can do anything as he has left that employment?

There is no problem in the fact that he has since left the employer as a claimant has a legal right to pursue action for a period of up to 3 years after their injury regardless of their employment.

In this case, we would certainly like to look further in to your Son’s claim on the basis of employer negligence and have our specialist Solicitors investigate this for him.

Hello, I have recently been in an accident at work. Metal straps which are used for securing packs of timber have cut open my lower leg just above Achilles when trying to unwrap. I have had 2 stitches and 2 sterri-strips put in. As result I have had time off work. And my injury is still on going… waiting to return to have stitches removed and further assessment of infection. All correct PPE worn and all H&S training was followed. Can I make a claim?

Although you have worn the correct PPE and followed the training given, you have suffered a nasty and awkward injury in an accident that may well have been avoidable.

Our Solicitors can certainly pursue a claim on your behalf in this instance to ensure that you are compensated for the pain and distress caused by the injury you suffered at work and for the impact it will have on you with attending work, losing income (our Solicitors will recover your lost income alongside any compensation if you succeed with your claim) and also in your personal life and activities.

In relation to query below.
When this accident happened I was wearing shorts. Having checked my contract of employment, the only PPE stated is wearing of safety boots, high Vis, ear protection and gloves. aswell as induction handbook, wearing of shorts is not stated under mandatory PPE. Nor is it mandatory to our management who wear shorts on site. Would this be a factor?

The fact that you were wearing shorts will not be a factor in this matter and even if you had worn trousers, that would not have prevented you from suffering the injury you sustained.

I have been given a written warning as I was off work for 10 week’s with a broken finger that happened at work and they gave me 24 hour’s notice to get union rep.

Whilst it is clearly harsh and somewhat unfair that you’ve been given a disciplinary mark against you due to an injury that was not caused by your own fault, the employer is probably just following policy with regards to periods of absence.

In terms of your finger injury, you mention that it happened at work and this opens the possibility that you could pursue a claim for compensation against the employers insurance cover. We would like to know more about your work and how you suffered the injury so that we can advise you further on this issue.

Hi, my family member works at a bakery during night. His boss over works all his employees and treats them like slaves. He doesn’t give anyone manual handling training or anything like that. Due to amount of heavy lifting of too heavy items and amount of work over way too long periods of time this caused inguinal hernia to form. We are going to see a doctor about it as well as they may need to have an operation due to this. Can we make a claim?

A lack of manual handling training provision by an employer in a job that involves physical and manual tasks (such as baking) is employer negligence and would enable the individual in question to pursue a claim for compensation as a result of the hernia that their work has caused them.

Our Solicitors are expert specialists when it comes to injury compensation arising from employer negligence and a lack of adequate training. Please call us on 01225430285 to get further advice or pursue this claim.

Just curious if I’m due compensation from work something dropped on my thumb and cracked open the nail and it ripped the whole nail off the thumb?

I had an accident at work when moving a parcel in my van after I had finished my round off. The day after, I told my manager and union rep verbally about what had happened and I tried doing my job for 2 more days with a severe back ache not knowing how bad the injury was! The pain then became unbearable and I had to call in sick, having a few months off work.I did then report the accident on works computer system with my Manager.

It transpired that I have got a prolapsed disc. Do I still have the right to make a claim as I had only reported it verbally until I went back to work after a few months?

Although it would have been ideal for the details of the accident to be reported properly immediately, the fact that you did report it to both your Manager and Union Rep verbally at the time and then completed a written report when you returned to work should enable you to pursue a claim.

Please call us on 01225430285 so that we can discuss your accident at work and advise you as to whether or not you can make a claim for compensation. It would certainly seem likely that you can pursue a claim for compensation for the pain and discomfort caused by your thumb injury as it appears that the injury was not your fault.

Hello,

I was at work and an automatic door fell off and hit my head.

I worked for a few minutes more, around, half an hour, but then I had to leave as I started feeling dizzy and with a head ache.

Can you please tell me what are my rights and what should I do?

I look forward to hearing from you.

Kind regards,
Chris

It is important to make sure that there is a record of the accident at the workplace. The employer should complete an accident book entry which simply confirms what happened, where and when and list any immediate injury symptoms. Having this record is important for the employer so that they can try to make sure the accident isn’t repeated and very important for you, should you go on to pursue a claim for compensation.

You have a legal right to make a claim for compensation and all employers must have insurance in place for this very reason. You can make a claim without losing your job or facing any discrimination from the employer.

I was injured in an accident at work and ended up needing an operation. Despite the surgery, I am still having pain and the same problem. What can I do?

You may be able to pursue a claim for compensation and given the apparent severity of your injury, it would certainly seem sensible to pursue a claim.

Please call us on 01225430285 for further help.

I’ve have received a shoulder injury from lifting heavy bags of rubble onto the back of a works Tipper truck.
I have been to see the specialist and had an ultrasound which has provided information that my shoulder has been badly damaged.
Can I seek compensation?.

Yes, you can pursue a claim if your employer has asked you to work dangerously and lift items exceeding safe lifting limits.

I currently work for the NHS as a porter. Part of my role is to deliver patient notes around the hospital. This is usually a job that we divide between 2 or 3 of us, but unfortunately I was the only member of staffed trained to do this. If I had not done this then patients would have suffered as their notes would not have been at their appointments the following day. I injured my back doing this over 5 nights (roughly a tonne of notes a night) and have been off with back pain since. My workplace are refusing to do a risk assessment for me on the day I am due back as they “do not have time” do I have any rights with this as I do not believe this is right?

Make sure that you report any issues regarding your back and the workload you are expected to handle to your employer in writing. Should the employer then use an excuse of ‘being too busy’ or ‘not having enough time’ to consider your situation and whether or not they are upholding their obligations towards your health and safety at work and you sustain further injury, you may well have a right to pursue a claim against them.

Hi I would like to know if I can make a claim? I was off work with bad back pain, signed off by doctor, got better went back end March. 2 days later I got bad pain, doctor said it was a work-related injury. I had an mri scan, 2 bulging discs, and now seeing a chiropractor every week. I’ve nearly gone to half pay, then ssp, and had to claim universal credit. Because I didn’t report or email them can I still make a claim for my injury or what can I do or is it too late?

We would be very happy to further investigate your situation and pursue a claim for you if we feel that it is viable to do so.

Good morning

My question is can my employer pay me off after 10 years plus service with them? Because my hernia has come back after a course I had to do, rope height work, which harness cut right into me and strained me.
They have phoned me this morning and said they want me to walk away but with no pay off, as they said I am not fit for work. No alternative job.
I am not sure what to do now, they are contacting me in 2 weeks time.
Just want to know if I have a case?

Was your hernia caused as a result of your work? If so, if you haven’t already started a claim for hernia injury compensation, please call us on 01225430285 so that we can help you recover any lost income and compensation for the pain and discomfort caused to you.

In terms of your employment going forwards, whilst this is not a personal injury matter, we can help. If an employee is rendered unable to undertake the work that they were employed to perform due to ill health or injury, the employer can seek to terminate the employment. However, they must follow due process and must consider whether there are any alternative roles that can be undertaken before entering the termination process.

As you have been with the employer for 10 years, you are protected by employment law and we can have our Solicitors consider your situation and advise you.

I was injured on duty and had an operation on the knee, the problem is that the operation is still painful yet the doctor is insisting that i should go back to work and be given light duties, but we don’t even have light duties. I would like to know what should i do because if i don’t go back to work because the doctor refuses to give me a sick note, instead he’s telling me that i should go back to work.

Have you informed the Doctor that there are no light duties available? (and have you checked with the employer regarding this?)

If the Doctor is aware that there are no light duties available, yet still thinks you should return to work, your only option for further leave would be to take leave – whether paid or unpaid.

How did you come to sustain your injury? As it appears to have happened whilst you were at work, we can certainly consider whether or not you can pursue a claim for compensation.

I hurt myself at work after the first lockdown causing a hernia (awaiting op) through lifting which put me out of action. We all went back to work and because I was being careful with a hernia i stepped out of my van and landed awkwardly, this jolting something in my back. I have been in and out of hospital since with diagnosed sciatica. I am in absolute trouble and now my job has politely hinted that when I’m well that I should consider leaving! So not only have I hurt myself at work they are now telling me I need to think about my future with the company!

As your hernia injury appears to be as a result of your work, there is certainly a potential to pursue a claim against your employer for the injury caused. Whether it will be possible to also obtain compensation for the subsequent sciatica issue is unclear, but we can also look in to that for you.

Our specialist Solicitors will ensure that should your claim succeed, any potential loss of income in the future (and previously) relating to this injury will be included within your claim.

i have been working as a HGV mechanic, while positioning a tool my hand twitched and cause the truck to crush my neck. this caused a discs to be pressing on my spine causing alot pain. i worked with it for 5 month, found out i could be out of work for a while while i have surgery. This will cause me to lose a lot of income. what would be my rights in this situation? thank you

On the one hand, you could be seen as the author of your own misfortune in that you mention your hand twitched and this caused the truck to move and crush you. As such, we therefore need to consider whether your employer could or should have done anything further to ensure that such an incident was not possible. With this in mind, can you identify any potential areas of employer negligence that could enable you to make a claim? Such issues would be inadequate training by the employer that left you at risk of injury, a failure of the employer to provide the appropriate tools and equipment, inadequate safety measures or broken equipment.

If you can identify any such issues, we can certainly further consider a claim for compensation and associated incurred costs.

I have fractured my finger at work. They are asking if I will still go to work for just training. If I go can I still make a claim?

Whether you can continue to work after an injury at work or if you need to take a period of sickness leave to recover from the accident at work, you can still make a claim for personal injury compensation.

My wife is a phlebotomist and was accidentally got a used needle stick, her employer told her that they would have her tested to make sure she didn’t get hepatitis or HIV. Here we are a week later and they’ve gotten her no medical attention. She is very scare for the fact she works in a addiction center. What should we do?

There is the potential to pursue a claim for the emotional trauma and stress caused by the worry as to any potentially dangerous infections. Our Solicitors can help your wife to make a needlestick injury claim on a No Win No Fee basis.

Is it the case that you can be time barred for putting in a claim for constructive dismissal? After I went back to work (I have sent an email prior to this one) I was on heavy medication and still had to have my shoulder surgery. I was moved to a lighter job, which turned out to be a nightmare. It happened in September 2018. I was too ill to deal with it and I didn’t no anything about constructive dismissal, I was naive to what employment rights I was entitled to and my claim for my accident at work was still ongoing.

You can be time barred for employment law action. We would recommend that you contact an employment law specialist to discuss that aspect with them.