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...

So I work in retail, was pulling a 4 wheeled dollie full of bananas when a customer walked out right in front of me. I stopped but the trailing heavy dollie I was dragging ran over my ankle and foot, I went to minor injuries for an x ray and they said it was a nasty sprain but not broke. I went back to work after 2 days as they said I wouldn’t get paid as I hadn’t been within the business for 6 months to get sick pay. However I still cannot walk properly and I am in a lot of pain.

We are happy to look in to this matter for you and make a claim for compensation for the injuries sustained and any associated loss of income.

I work with chainsaws and woodchippers, while putting a branch through chipper it flicked up the length of wood quickly slamming my finger between it and roof of shoot. This left a deep cut on my finger, outcome was stitches to close wound, no damage to bone. Would this be eligible for a claim?

In the accident at work scenario you describe, we need to consider whether the employer has been negligent. As such, we would like to know what training you have had to use the machine in question and what PPE you have been issued or required to wear – specifically gloves.

We would certainly like to speak with you to gain a better understanding of the above as we feel that there may well be valid grounds to pursue a compensation claim for the laceration injury you sustained at work.

I would like to ask a couple of questions.
I had a car accident while travelling for one site to another, I have been off since July 2020 and on ssp and uc. I have had an occupational health management report done (my company requested it and the consultant was from BUPA) and they have advised I work part time and said the under the equality act i would be classed as disabled. I’ve put options to my md about working part time. If my employer is unable to accommodate me doing part time, what are my rights? What if they come back and say, sorry, we can’t offer part time as it is a full time job?
Would it be possible to talk to someone for advice and options?

Thank you for contacting us. One of our team will be in touch with you shortly to discuss your situation and offer advice.

In terms of the car accident that has caused your situation, have you started a claim for compensation? If not, we can certainly help you to do so. Any claim would account for the personal injuries sustained and importantly the long term consequences – particularly to your earning power. Our specialist Solicitors would seek ensure that your injuries were properly accounted for in your settlement so that your loss of income – both previously and in the future (if you are unable to work or earn as before) – were recovered.

In terms of your job and whether your employer can accommodate your position on a part time basis, that is something that they must consider carefully. If the employer cannot accommodate you, they would be within their rights – so long as due process is followed – you terminate your employment on the grounds of health or fitness to work. With this in mind, it is vital that a specialist personal injury Solicitor is acting for you in your claim as that could have a very big impact on your future income.

My daughter works in a respite care home for adults with learning disabilities. She was attacked – scratches in her eye and face and her hair was yanked out. This happened during a night shift when there is only one other sleep-over staff member on duty. She is now expected to return to care for the patient who has had their emergency stay extended and will be going in the day the patient is expected to be going home. What are her rights? She is scared for her physical safety but also her mental health having suffered long term clinical depression in the recent past.

Was your daughter appropriately trained to provide the car work that she has been tasked with? Had she been made aware of the risks posed by this resident? If not, she can pursue a claim against her employer for compensation on the grounds of negligence. This is certainly something we would like to speak with her about.

In terms of returning to work, if your daughter has concerns, she need to address them to the employer – in writing – and speak with her GP about being signed off for a brief period to recover and regain her composure.

I was ran over by a forklift at work which left me with severe injuries to my left ankle and foot.
I was off sick for a year then returned back to work as I could no afford to stay off work any longer.
I made a claim for compensation which was successful.
6 months after returning to work I had to go back on the sick due to depression and I am still on the sick.
When I returned to work initially they just seemed to think that I could carry on as normal as if nothing happened.I mentioned on numerous occasions that I was not coping and used to break down in tears because what I was telling them fell on deaf ears.I am currently receiving intensive beahavioual therapy.
Do I have a valid case for a claim ?

Our specialist Solicitors can investigate this matter for you and look in to whether the employer has failed in their duty to ensure that your health needs are adequately considered and managed. If so you could make a claim for your forklift accident.

I was working in a factory where I had an accident which affected my hand. Four fingers were cut off in the accident. At work, we are using manual transmission but my employer did not provide any safety tools to use. Can I be compensated for my injuries and losses?

It would appear that your employer has failed in their obligation to provide a safe working environment and the correct tools to enable you to work safely. As such, you appear to have a valid right to make a claim for compensation against the employer.

Please call us on 01225430285 to further discuss this matter and start your claim for compensation.

Whilst I’ve been off sick with my injury which was a direct result of lifting at work, my employer has ended my fixed term contract early. What are the chances of me making a successful claim?

Depending on the cause of the injury, we can then advise you further as to whether or not you can make a claim.

Hello there,

I had an injury at work where I have sprained the side of my body near my hip.
I have been off for awhile, recovering from my injury and getting statutory sick pay
They have now emailed me my P45.

The company I work for demands standing for 10hours shifts a day, 40 hours a week. My doctors have advised a gradual return to work or lighter duties.
I struggle with standing for a long period of time, and in physiotherapy, and the doctors have prescribed me medication.

Can they fire me for taking time off to recover from my injury, when it was a work related injury to begin with?

The only reason why I’ve been taking time off is because they do not want to accommodate to my injuries. (such as reduce shift, or a chair).

Is there any advise you could offer me?

I am not quite sure what my rights are within my situation.
I’ve not claimed compensation or anything like that.
I did go to first aid within work, and then later the hospital.

Kind regards
Sharon

How long have you been away from work for? An employer can terminate an employees position if they are left unable to work in the role that they were recruited for due to injury or illness. However, due process should be followed and an employer should only terminate an employees position in such circumstances if they have been away from work for a long time and do not seem likely to be able to return. Of course, in cases where an employee is new and has not passed their probationary period or if they have not been with the employer for more than 2 years, it is much easier for an employer to let an employee go.

In terms of your injury, there may be something we can do to assist you in recovering at least some lost pay and compensation for the pain and discomfort caused by your injury. However, before we can advise you about a claim for personal injury compensation, we’d need to know a little more about your injury, the work you were doing and how you were injured.

I would be grateful if you could email me directly (ian@direct2compensation.co.uk) to explain how you were injured, what work you were doing and what training you have had – whether that be manual handling training, training for the use of certain machinery – or indeed no training. I can then look in to this for you further.

I got a splinter in my thumb whilst strapping a pallet. I asked for gloves and was given a completely unsuitable pair not designed for the job. The splinter became infected and I had to get a tetanus booster and antibiotics. I had a reaction to this and ended up off work. Tried returning but kept feeling fatigued etc ended up missing 3 weeks. The agency I was working for paid ssp and attempted to get this recorded in the accident book but it wasn’t. I want to know what I’m entitled to.

Our Solicitors can review this for you and advise as to whether you can claim compensation and loss of income. The employers failure to provide the correct safety gloves should afford you the chance to pursue a claim successfully.

I was recently. Injured at work cutting my nose and hitting it .

I was on a construction site normally as a labourer but this job was non CSCS card and it was demolition .

I spoke to my supervisor and he started to question me if I’m going to claim. And making me feel anxiouse
I have all on recording .

My biggest question is
I am worried about trying to claim as I already have a claim active for the last 12 months .

As long as you are acting honestly and with integrity, you need not be concerned about a pre-existing claim. So long as you tell your Solicitor from the out-set that you already have an ongoing claim, they will not have a problem with pursuing a new claim for a new accident.

I recently started working for a big company in the warehouse freezer section I was on a probation period of 12 weeks, during my second week I contracted pneumonia from working there I was sent home due to being sick during my shift, the next morning I was taken to hospital via ambulance where I also called in sick due to being hospitalised which was marked as an absence, I returned back to work after my 2 rest days but was put on medication that sedates me which I was supposed to be on for the due course of 7 days but I came off earlier so I can return back to work. I worked a further 12hr shift and then a 6hr shift as mid way through they failed my probation due to being off sick for those 2 days and was told to leave premises mid shift.. please advise me as I am in a very horrible situation at the moment

In terms of both personal injury and employment law, you are in an unfortunate situation. I’m afraid that you won’t be able to claim personal injury compensation for the pneumonia for 2 reasons. Firstly, causation. It will be impossible to prove that working in the freezer section caused pneumonia and that employer negligence played any part in you getting such an infection. Secondly, although we are not employment law experts, as you were in a probationary period, the employer has acted legitimately – albeit unfairly – in terminating your employment for sickness absence.

I was moving a heavy battery at work 27/8/20 and tore my bicep ligaments. I had surgery on the 21/9/20 and I’m still off work they have been paying me full basic pay, but are now looking to drop it to 75% of my basic. I have lost a lot of my overtime pay due to the injury at work and have depleted most of my savings.

I was not going to claim as I want to carry on working here, also because they were paying me. However, if they drop me down to 75% I’m really going to have issues. I have about 6 weeks spare money to cover my outgoings and after that I don’t know what I’m going to do

Anyone injured in an accident at work has a right to make a claim against the employers insurance cover. However, many injured workers won’t claim if their employer pays them their full salary whilst they are away from work recovering, as they don’t feel the need to pursue a claim for compensation.

In your case, whether or not the employer drops your pay, you do have a right to claim compensation for both the injury, but also to recover any lost income – including overtime payments that you have missed out on.

If you do want to make a claim, please call us on 01225430285. Our Solicitors can act on a No Win No Fee basis for you and recover compensation for the injury (pain, discomfort, impact on your day-to-day life etc) and importantly, recover any lost income – whether that be 25% of your income or more as well any lost overtime since the injury as well as recover any other costs or losses linked to the injury at work.

I was injured in the company bus while going to work and have coccyx fracture، having PT right now but not sur if it will heal 100% or it will take months or more, can I ask for compensation and resign ?thank you

Was the company vehicle involved in a collision? How did you come to fracture your coccyx? Injuries to the coccyx are extremely uncomfortable and can take a long while to heal. If we can show that the injury was caused through negligence or due to a vehicle accident, a personal injury claim would be valid and likely to succeed.

Yes they driver did not see the speed bumps and my INJURY ON DUTY was approved by the company

Please call us on 01225430285 to start your claim for compensation.

My hand has been jammed in the hinch side of fire door (the door need remain open during the day) without any warning, results of operation on nail bed repair and fractured bone. It’s happened at work, am I entitled to claim personal injury?
Thanks

You do have a right to make a claim for personal injury compensation. An immediate question that springs to mind is why a fire door had to be propped open all day? Fire doors should not be kept open as they perform a vital role in preventing the spread of fire. As such, the employer may be found negligent on that score alone. Given the nature of the injury and the impact on your dexterity and potentially your ability to work and earn as normal, making a claim is a completely just and reasonable action.

I am cleared for light duty, but have to be sitting, and I work in Production, does my employer have to find something for me to do?

UK law does not compel an employer to provide light duties, but they are obliged to provide light duties if such duties are available.

Ok so here is the deal I was in a Class B flatbed rated at 48,000lbs. And I know I was overweight, like 53,000lbs. I know I told the Boss that I was overweight and he sent me on the way. Coming to a Non-stop right turn I slowed down to 15 mph standard because I have made that turn 2,000 times in the 8 years I worked for the company. I slowly flipped over to the drivers side. Luckily the windshield exploded out and after I came to a stop I climbed out looked over the situation and determined there was no fire, shut the truck off and called the Boss. I told him what happened and according to him I told him I quit. Now am I in my right mind after I roll over in a 50,000 truck. Injury to my arm and shoulder and hand went to the hospital two times luckily nothing was broke. Am I in the wrong here?

Your employer was negligent in allowing a vehicle that was over the rated weight limit to be driven. You appear to have made the employer aware of the weight issue. If you have not already informed the authorities of this, you most certainly should.

Hello,
I worked at the Ivy restaurant and cut my finger while trying to separate two glasses from each other while setting the table. I cut nerves in my finger and had a surgery and my arm in a cast for a month and could not use my hand for 12 weeks. I have lost abilities in my finger and it will never be straight again. The insurance company of the employer has today denied compensation claiming that I had been trained in the task. However, they did not tell me in the training about the risk that the glass could break in my hand and give these types of injuries. Can I appeal is my question? Thank you in advance!

Before closing your case, your Solictor may wish to contest the denial of liability that the defendant has raised. Although you may have had training, as you have cited, it would appear that the training didn’t appropriately cover the risk of the work you were doing. As such, this should be of interest to your Solicitor.

I reported a faulty rear door, and tail lift on my lorry by way of a defect sheet and reported it to transport supervisor when I got back to work and explained how bad the door was to open. They said it would be fixed for me as I can not work with the door like that. The following day the tail lift was fixed and the doors seemed a bit better so again defected it and went on my way. During the day my rear doors was stuck hard again and I’m having to yank with both hands to open them and injured my left shoulder. When I returned to work and told them, I then found out no one had looked at fixing the doors! I have now been off work for 6 weeks due to the injury and need physiotherapy on my shoulder.

Work told me I had to take sick leave and would not make reasonable adjustments for me to stay in work, so I have had to go sick. As I was leaving the office my supervisor then said to me that I will probably lose my job as i’ve have a lot of time off in the past due to my bad back. I visited my work place after a few weeks off for an Occupational Health assessment, but my manager was putting all the blame on me as to why I did not refuse to drive the wagon. I have explained that I thought someone had tried to fix it as the tail lift was fixed and again all the blame appeared to be placed onto me. So since i’ve been off, i’ve been in pain and worrying about my job. This has now left a bad taste in my mouth after them not taking any responsibility for this injury. I dont know where I stand on this and if I should make a claim?

We think you should make a claim and the fact that you reported the fault with the wagon to the employer places the onus on the employer to either remove the wagon from use or make repairs so that you can use the vehicle without risk of injury. As the employer has failed to act on your report of a fault, they would appear to have been negligent and you therefore have a right to make a claim.

I was injured at work over 3 years ago a pane of glass went in my arm,it took my employer 1 hour to get someone to take me to hospital,I got 5 stitches ,went to the office and put it in the accident book,I asked for a lift home which was half an hour away,but I was told it was my fault the accident,and no one left me home as they said they were to busy,I had to take a lend of 5 pounds from an office worker who over heard. My situation,I had to walk a mile in the rain to get a bus home in pain which took me over 2 hours ,was that right or can I still do anything about it,hospital have the records,I was afraid of losing my job as they have made life difficult for me in the past and still do

UK law requires any person over the age of 18 years to make a claim within 3 years of the date of an accident or injury. In this case, unless you are under the age of 21 years at this time, you are now statute barred and cannot commence a claim.

Hello,

I work as a chef in a kitchen. In June 2019 i was working as usual and from behind me a kitchen porter accidently dropped a lot of dirty and heavy things onto the back of my leg (calf) and I immediately couldn’t walk. My seniors iced my leg and I kept working for 1 hour until I finally had the courage to say I couldn’t work and had to go to A&E. It was reported etc as it should have been and they got me a taxi to A&E. Doctors said it was tissue damage and I should have time off work. I couldn’t walk on that leg at all and I took 2 weeks off work and visited the doctors a few times to get it checked on. Now over 1 year later I still feel pain in that leg when I exercise and there is a dark marking on the whole of my calf where the really bad bruising was. Would I be able to claim?

Please call us on 01225430285 to make your claim for compensation. We feel that your claim should be pursued and passed to our specialist Solicitors. If you would prefer that we call you, simply go to our ‘start your claim for compensation’ page and complete the initial form. We’ll then contact you to take this further on a No Win No Fee basis.