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’ve had an injury to my left arm. I have claimed but now after 3 years my company has today said that if I cannot fulfill my duties, they will have to release me from my employment. Can they do that? They previously put me on light duties for 3 years. Where do I stand?

You are in an unfortunate position given the injury and the long term impact it is having on you. Essentially, if you are no longer fit or well enough to perform the duties you were employed to perform, an employer is within their rights to terminate your employment if there are no suitable alternative positions available.

Before they can do so, they do need to go through due process and give you every opportunity to recover or return to your duties. Have you asked the employer if they have any alternative jobs that you could be moved to – or if they can get an occupational health assessment done to see if there are any reasonable adjustments that could be made that would enable you to work?

Can i claim compensation for an injury through work? I have been using a hand held grinder for roughly 5 to 6 years and spending about 6 hours per day on it, but my boss has told me in the last 2 months to cut the usage time down to 1 hour per day. As a result of prolonged use on it my doctor has advised me to look for different work as i have damaged the muscles in my shoulder.

So long as you make a claim within 3 years of the onset of any symptoms, you can pursue a claim against the employer.

I injured myself in my shoulder at a workplace over 2 years now and had to leave that job because they couldn’t offer me light work duties and my pain has been going on since then and hasn’t been resolved therefore my life is now affected by this injury. Would I still be able to claim for this or is it too late?

You have a maximum claim limitation period of 3 years from the date of an injury in which you can pursue a claim.

Can I get a written warning from my employer for a broken finger? I have been off for 10 weeks.

If you are signed off work by your GP or Doctor due to an injury, your employer cannot discipline you for your absence.

How did you break your finger? It may well be that you could pursue a finger injury compensation claim.

I injured and bruised my upper arm on 26/02/2021. I’m working for amazon. I was asked to scan and remove boxes of all weight and sizes from a conveyor belt, the thing is there are metal poles on the side of the belts for chains to block workers from working there. I was asked to work from there and i did so as my team leads asked. I reported my injury the next day as my arm started the bruise and turn blue. Also my witness at the time of accident are the first aiders themselves. The health and safety have recorded my statement and taken photos of my injury as well as the place it occurred. She herself said workers are not supposed to work from this part of the conveyor belt as u can clearly tell. Can you give me some advice as i believe there is a claim?

It would appear that your injury at work can be attributed to employer negligence. As such, my initial view is that you have a valid claim that we can help you to pursue. It is important that you have reported the incident and that the employers Health and Safety representative has recorded your details and commented on the fact that employees should not be working in that area. This report could prove to be useful evidence to support you in the future should you decide to pursue a claim for compensation.

Hello, I’m writing in regards of my neck injury and constant neck pain I’ve developed due to repetitive lifting and neck bending while working at McDonald’s. I’m 38 year old female and single mother so I thought this job is suitable for me until they don’t make me do anything else but working with lifting heavy baskets 4 days a week for few hours. As a result I’ve now developing herniated neck disc, i have to take 2 sets of painkillers, I struggle with lifting pretty much anything, I have to exercise my neck every day just to get some relief and I think my life is pretty much over since I’m in constant pain.
My doctor says I will have to do exercises every day which don’t help because I’m making it worse at work every day and I might need neck surgery. I’m terrified I would be disabled so soon at such young age because my employer doesn’t understand my health problem it caused in the first place. My question is what am I allowed to claim and do i have the right not to do certain jobs at the work place? They might just get rid of me if I am not doing my job.

You appear to have valid grounds to pursue a claim for compensation against your employer for the injuries you have sustained in the workplace.

I’m an order picker. My calf muscle popped at work reaching for a product which is very high, there are no apparatus to help with this part of my job. I’ve seen a nurse at my local m.i.u and been told I have a lot of tissue damage.

Given the employers failure to provide steps/ladders to access items stored at height, there is a case to say that the employer has been negligent and failed to minimise the risk of injury in the workplace. As such, we would be happy to make your claim for compensation.
If successful, we can recover compensation for the injury, recover lost income and seek costs for rehabilitation therapies to help you recover more quickly.

Will I get a claim for loosing my finger tip at work? I was rushing around under pressure.

Given the severity of your finger injury, there is every reason to further investigate this matter. We can help you on a No Win No Fee basis, so you need not worry about costs and you won’t face losing your job if you do make a claim.

Can I get compensation based on years of operating a forklift based on the health risk factors that’s neck back and knee and feet pain

You appear to be suffering from injuries sustained as a result of repeated use of certain machinery. As such, you may be able to make a claim for repetitive strain injury compensation. To do do, you’ll need to act within 3 years of any attendance at a Doctors surgery regarding the symptoms.

Can I get compensation for health risk factors that happened over years of driving a forklift without losing my job?

Any employee can take legitimate legal action against an employer for compensation without losing their job. See our article on forklift truck claims for more details about claiming.

I have been injured at work. I am still suffering with a shoulder and 2 back injuries. There are some duties I cannot do right now because of this. My doctor provided a sick note stating desk duties only for 4 weeks – the majority of my role is administration. My employer has now demanded I choose between a cut in hours and salary or stay home sick on SSP. I cannot afford to live as it is. Due to the incompetence of someone else I was injured because I was pressured into trying to open a container that had been sealed by a machine. I have lost so much income and my home life is greatly affected. They also said that I cannot prove that the injury occurred at work!

You should ignore your employers comments on establishing the causation of the injury. That can be left to our specialist Solicitors and a medical expert. We can get you help and if successful, our specialist Solicitors would recover compensation for your injury and also any loss of income caused by the same.

I have currently been off work due to a back injury, on the self assessment sick form I put down I didn’t do it at work as I was scared of potentially losing my job and I didn’t want to get my employer in trouble.
Although I feel It was caused at work, would I still be able to go about putting forward a claim?

The issue you will face now is that you will struggle with evidence to support your claim as you have given your employer and their insurers a robust denial of liability by saying that the injury was not caused at work.

I am a care worker who has osteoporosis and have mentioned to my boss several times that I can not do heavy duty jobs however she still puts me on them. When hoisting someone you are supposed to have 2 people by law, however I am the only person there to hoist. I have complained several times and she threatens to give me less hours which I can’t afford. I have now got 2 compression fractures in my spine and have to give my job up as career, can I claim? I am 53 years old.

Your employer appears to be failing to ensure that you can work as safely as possible and the issues you cite could well be seen as employer negligence. As such, you have a right to make a claim and we would welcome further such contact from you.

Following an injury at work age 67 I am presently off sick. I am anxious my employer will decide I am not capable of continuing with my employment. I was a fit and healthy 67 year prior to this with an excellent sick record. My question is can I claim loss of earnings and pension if my employer finds me incapable of continuing my job? My intention was always to retire at 70.

You have a right to make a claim for personal injury compensation further to the injuries you sustained at work. That right includes recovery of loss of income related to the incident itself. As you may imagine, when an employee is working past the prescribed retirement age, it can be more problematic to recover future loss of income (if an employee is unable to return to work) than if they were not beyond the retirement age. However, it is not impossible and this issue is something our Solicitors come across more often these days.

I was at work when a big metal cover fell off the wall and pushed my wrist back. At first the hospital thought it was a fracture, then they thought ligament damage. Since then it hasn’t been right and it has stopped me from doing things I love, not to mention I lost a few days work. I was pressured not to take time off of work by my bosses, although this was verbal so no proof is possible, can I still claim? This happened last year.

Please call us on 01225430285 or use the start your claim form on our website to make further contact. We can help you to make your claim and look forward to hearing from you.

I think you may have misread the wording within the agreement from the company you mention. With our No Win No Fee service, you would never pay any costs if you did not succeed with the claim and the most you would ever contribute would be a maximum of 25% of any awarded settlement.

I was a passenger in a work vehicle when I sustained a concussion and whiplash. I took 2 weeks off then came back to work. I put in for a personal injury claim and when they got notification of it they took me out of my job role that I’ve been doing for the past 10 years and put me into a harder heavier job role that resulted in me injuring myself further and having to take another 7 weeks off. They ignore medical advice, ie doctor reports and occasionally health reports, and are making my life hard. Where do I stand? The case is still ongoing.

Your ongoing claim for the road traffic accident/concussion should continue unaffected by the separate and further injuries.

We can certainly look in to a second claim for the further injuries sustained in the new role and need to speak with you regarding that. We also have specialist Solictors who can look in to your rights under employment law and the change of job role that has lead to the further injuries.

Hi. I suffered a dislocated finger and tendon and ligament damage at work which I’ve never been able to straighten and bend fully. I never felt able to claim for this whilst working there but have since been made redundant. The only problem is that it was 4 years ago so will I be unable to do anything about this now?

You cannot make a claim if more than 3 years has passed since the injury was sustained (unless you are under 21 years of age).

My wife worked as a full time teaching assistant in a school. She had been absent from work for 6 months due to lower back pain and arthritis of the hips. On her return to work she had poor mobility and balance issues. Her employer moved her to a class of 2 year olds. My wife voiced her concerns verbally and in writing about the risk of injury and having the dexterity to deal with this age group. Her fears were well founded as a child jumped on her back as she was bending down to stop 2 children fighting over a toy. She suffered a shoulder injury and exhaberated her hip condition. Can she claim personal injury compensation?

This is a matter that our specialist expert personal injury Solicitors would be happy to consider and discuss with your wife. As your wife has made the employer aware of concerns about the risk of injury, there are certainly questions to be asked and considered with regards to the injuries she has sustained.

What are the chances of winning the case?

Without knowing what has happened to you, what injuries you have suffered and how those injuries occurred, we are unable to advise. Please call us on 01225430285 or request a call via our website so that we can assess your potential claim and advise accordingly.

Unfortunately, we do not feel that the prospects of success in these circumstances are sufficient to enable our Solicitors to act on a No Win No Fee basis.