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...

can you claim compensation with no evidence and not reporting accident in work place?

You can pursue a claim, but evidence will be needed to enable a Solicitor to substantiate the claim. Were there any witnesses to your accident? Did you attend A&E or see your Doctor and advise them that your injuries were caused at work?

Hi i crushed my right hand ring finger against wall & tarmac roller. Due to another employee coming in front of me with a wacker plate.
I’ve been claiming ESA tried to go bk to work that day .
Didn’t get in touch with DWP but I’ve read by law I didn’t need to as long as only working less than 16 hours .
Top of my fingers been amputated & rest made into a small ugly looking finger . Am I eligible to claim?
Thanks so much for your time.

Our Solicitors can then look at this matter and pursue a finger injury claim for you. Given the cause of your injury, it is quite possible that you would have a valid claim due to the actions of the employer in the way they allowed the work to be done. There are questions to answer for the employer including their risk assessments and method statement for the work being done along with the training and guidance you were given to use the machinery in question. If the employer cannot provide satisfactory responses to these issues, they will be held liable for your injuries and losses.

I broke my toe at work and I didn’t put the accident in the accident book cos I didn’t think I had done much damage at the time, could I still claim?

You can make a claim when there is no record in an accident book.

I’ve suffered accident at work but the boss insists he pay cash in hand could I still be able to claim compensation ??

You need to be able to provide evidence of your work and evidence of an accident at work to succeed with a claim. Whilst people working on a cash in hand basis can make a claim for compensation, it is of course far harder to succeed with such a claim when an employer is not keeping accurate records and not properly employing staff.

I have a claim but I can’t use my injured thumb anymore because it doesn’t bend and I can’t fee the tip of it at all. Very painful. I just want to move on and get what money I can from this and find another job that I can actually do. I can’t grip anything with my hand now.

Do you have a Solicitor acting for you in your claim for the thumb injury? The thumb is a vital part of the use of the hand and damage that restricts the use of the thumb can lead to substantial compensation settlements for a successful claimant.

What can I do if my employer is trying to say that I hurt my back because I already had back issues, but he did not know this and he is also trying to say that I should have asked for help – but it was part of my role?! The employer is also trying to use a another situation when I moved another item months previously, but the situation that led me to be off work for two months he is saying he didn’t know?! I have had long discussions and was on sick leave but had to get medical help privately and also see my Doctor.

Regardless of whether you had a pre-existing back condition or not – which would be known by reviewing your medical records – you can still make a claim for compensation if the negligent actions of an employer cause you to exacerbate and worsen the pre-existing condition or suffer new injuries.

Your employer has no right to tell you how or where you injured your back, that is for medical experts and a Solicitor and an insurer to discuss.

If you have an accident at work in which you break your ribs and you were off for 6 weeks on statutory sick pay but decid to come back to work, can I make a claim and still keep my job?

One of the most common concerns that people have after an accident at work is whether they can make a claim for personal injury compensation without the risk of being dismissed for doing so. Simply put, an employer cannot dismiss an employee who exercises their legal right to pursue a legitimate claim for compensation. UK law is quite clear with regards to employee rights both after an accident at work and also with regards to employment rights. Please refer to our ‘Can I be sacked after an accident at work?‘ article for more information on this.

Please call us on 01225430285 for further help and to ask questions. We are here to help and there is no obligation for you to proceed if you don’t want to. However, if you do wish to proceed our Solicitors will work to recover compensation for your injuries and recover any lost income caused by the injuries you sustained in an accident at work.

thank you for the quick reply. I just want to ask one more question and want to know if I can claim from my health plan insurance (provided by my company for which I pay £14 per month and still make a claim for person injury compensation?

I assume that your health plan insurance covers certain medical provisions – such as rehab therapies (physio/osteopathy etc)? If so, such cover will not have any impact on the right to make a separate claim for compensation for the pain and discomfort caused by the injury.

As long as you disclose everything at the outset, our Solicitors can advise you accurately and pursue your claim accordingly.

I friend got hurt at work. A metal gate fell on her head. A manager asked where the pole was that holds the gate up? She now has a concussion from this incident. What is she able to do about this?

Concussion can be a long term injury with considerable impact on the injured persons lifestyle. We can help your friend make a claim for personal injury compensation. She can call us on 01225430285 and we’ll help her start the process.

Hi I work with a company through an Agency, I had a press machine malfunction and spit broken plastic back at my face causing my eyebrow to slit open, I’ve just come back from urgent care I managed to get it glued together. In regard to the workplace, there was no machine training, no induction, no health and safety training or safety equipment like safety goggles or helmets. I was lucky that it only slit my eyebrow and didn’t end up causing serious damage to my eye! Am I eligible to claim for employer negligence?

Your employer – not the agency, but the company for whom you were working at the time of the injury – has failed you and has been negligent with regards to your health and safety in the workplace. As such, you have every right to pursue a claim due to a lack of training and personal protective equipment provision.

Please call us on 01225430285 to start your claim for compensation. We can answer any questions you may have and explain the claims process and ensure that you are represented by a specialist personal injury Solicitor on a No Win No Fee basis.

I work as a package handler. I was told firstthat the shifts would be 3-4 hours. I am there 6-8 with no breaks and basically do a line by myself even though I have only been there a week. I a
was told to ask someone to help me lift heavy packages but there is no one around to help. Today I was moving a package off my line that didn’t belong there and my two last toes got smashed by the object on my left foot. I told the manager and she had me continue to work even though I was limping and in pain. I am going to go see if they are broken as they are swollen and hurt to touch and I can’t put pressure on them

Make sure that an accident book entry/incident record are made (in writing) with the employer and that appropriate medical attention is obtained.

Although you are in week 1 with your employer, your rights to be given a safe working environment and appropriate training etc still apply and it would appear that you have a valid right to make a claim for accident at work compensation.

Hi. A few months ago as I was delivering some items at work I damaged my soft tissue in my arm. I have since been signed off work while it heals. In the meantime I have been attending hospital appointments for the injury which have included scans etc. I am a delivery driver and have been asking my employer if there is other work they can offer me – they have confirmed they do not. I am therefore left with no option but to resign as I can not continue living on £94 a week stat sick pay and I can then look for alternative lighter work.

When I hand in my resignation letter should I put on there that I am unfortunately having to resign due to the injury which has left me unable to continue in the role I was in or should I refrain from mentioning that as I plan to seek advice over if I have a claim due to being injured at work.

Any advice would be great.

thanks

We feel that you should make sure that your current employer understands that you are forced to resign due to the injury you have sustained whilst at work. You do not need to inform the employer of any potential claim action and our Solicitors will further advise you on your rights and prospects in terms of a claim for personal injury compensation as a result of your work place injury.

Can a Manager send you home from work for making a complaint? I had complained that I had injured make back while doing a job I was asked to do and I asked for the injury to be recorded in the the accident book.

The Manager told me to go home as I was shouting in the office. I work in a kitchen assembly factory and I said that I wasn’t shouting, but due to the noisy machinery, I had to raise my voice to talk over them. The Manager just said to go home.

The Manager cannot send you home for simply making a complaint. They could send you home to rest if they felt you were injured or needed to calm down. However, from what you have said it would seem that the Manager has acted incorrectly. We would recommend that you inform your employers Head Office about this.

I contacted my head office in the midlands (Avanti Kitchens) to make a formal complaint against my Assistant Manager. I talked to Head Office and made a formal complaint and was told that the Manager in question would be contacted and I was told that if this wasn’t resolved that I should again contact them if this isn’t sorted.

When I went to work the next day, I asked my manager if he had received an Email From the Operations Manager and he says yes. I was then sent to drive for 6hours around England with a sore back as I had injured my self the day before lifting worktops over 100kgs myself without assistance.

On my return to the workplace at 14.10hrs, the Manager took me to his office and said that if I ever contacted Head Office again, I would be sacked and he sent me home.

There are two things here. Firstly, your back injury sustained at work lifting weights of over 100kgs indicates that you have a valid claim for personal injury compensation against your employer. That level of weight should not be lifted by one person without mechanical assistance and the fact that you have injured your back whilst lifting such a weight indicates employer negligence.

Please call us on 01225430285 so that our team can speak with you and explain how our specialist Solicitors can help you claim compensation for the pain and discomfort caused to you.

Secondly, it would appear that your Manager is flouting employment law and making threats to sack you. As an employee, you are free to make reports or direct contact with your Head Office and the threat of dismissal made by your employer is contrary to employment law. You should immediately report this to your Head Office and Line Manager in writing.

If you would like separate employment law advice, we have a specialist Solicitor partner able to offer such a service.

Hi, I had an accident at work and injured my left lower leg calf and it swelled up within a minute of injuring my leg, I have had no health and safety briefing and never signed any proper briefing and I worked for them on agency, I was off work for 3 weeks and I have been into hospital several times with the pain and that, I have taken other work and unfortunately the company I have worked for have not offered me much work so I have stayed away from them as a result because of the accident…
Could you please advise..

We feel that you have a valid claim and that this matter should be pursued. Employers have an obligation to ensure that employees are adequately trained and that the risk of injury in the workplace is minimised.

I fractured my vertebrae in my neck, received a concussion and had to get staples in my head. I did a week of training in the office instead of taking compensation and two weeks later i was back. It was already earlier than i should have but im a hard and dedicated worker. But my question is if i can sue or not basically because my boss is having me do everything i usually do and not listening to my doctors orders at all. When i bring it up all i get is “dont know what to say try your best”. But my pain isnt getting any better because im still at full duty there ignoring my light duty doctor orders.

How did you fracture the vertebrae in your neck? If your accident was within the past 3 years and was not your fault, you still have the right to make a claim for personal injury compensation – even if you were able to get back to work soon after the injury and didn’t have a loss of income.

I was injured whilst carrying out my employment in a customers business, I went to court but because of time constraints i was not allowed to put all medical reports after a certain date. I went to court and won the case but the judge limited my claim to the date she had off the last medical report that said i was recovering well. The following medical reports said symptons returned again as scar tissue grew around a nerve this happened after every operation. Can my employer terminate my contract because i did not get the amount that was being claimed for, for ongoing care etc even if i have shown them that i still have the issue medical reports scans and proof that i was not allowed to put all medical information in to court. I am currently suspended on full pay for a long time whilst the disciplinary process is being carried out.
Can they terminate my contract for gross missconduct?
thank you

This matter requires the advice of an employment law Solicitor and we would recommend that you seek such advice at the earliest opportunity.

I got cellulitis in my foot last year from working at Nando’s, however I am a type 1 diabetic so my immune system may have contributed. I had at least 6 months of suffering and a couple of weeks in hospital, I was also told I could’ve lost my foot. It is all fine now apart from a big scar but was just wondering how much compensation I could’ve received, if any? Thanks.

It is not possible to offer a compensation settlement estimate without full sight of medical records and an experts report.

Our article on foot injury claims and amounts might be of interest, but in this case, it would be difficult to establish that there was a causal link between your work and the cellulitis condition. Why do you believe that your employer may bear responsibility for the condition?

If you have an accident and you haven’t signed on to the risk assessment and method statement are you covered ?

If an employer has not ensured that an employee has had proper sight of the risk assessments and method statement and that employee then sustains injury, the employer is likely to be found negligent and therefore liable for any compensation and loss of income related to the injuries sustained.

If you’ve had an accident at work but work are still paying you while your off recovering, are you still entitled to make a claim?

If an employer continues to pay your usual salary whilst you are absent due to an injury sustained at work, you can still pursue a claim for compensation. The only thing you can’t claim would be loss of income as you haven’t had a loss of income. However, you would still be entitled to claim compensation for the injury caused and the impact that the injury has had or continues to have upon you.

I work in the same company from more than 5 years and make the same job every day 8h every day, sometimes more because of over times. My position in work requires to use my hands all the time and do the same thing and the same moves all the time. Few moths ago I complain first time and ask for help because of pain in my hands and company let me do different thing but only couple of days and everything back to normal and I back on my position. About 3 weeks ago I start feel pain in my hands again and ask for help line manager and another manager day later and nothing change. I inform them I work in pain and on painkillers but that nothing change. I was one week off from work on self certificate and doctor gave me painkillers. Doctor said I can back to work if my employer let me back and change my duties. I was on meeting back to work today and he said he can’t put it me in risk and give another duties because of my hands so I am back home and need to go on another time off. I am waiting on doctor appointment and will be ask for sick note. Can I claim for compensation from work because they didn’t do proper steps when I ask for help before? And I was in pain in work because I was scare about go on sick leave to have enough money and now I am in stress because I was stressed in work in pain till last minute and now I can’t back to work because my hands are so painful. Like first doctor said Carpal tunnel syndrome because of my work.
I don’t know where to ask for any help.

Our Solicitors can pursue a claim for you due to the repetitive strain injury (possibly carpal tunnel syndrome) on a No Win No Fee basis. If successful, we could recover compensation for the pain caused to you, for medical costs and also to recover any loss of income.

I recently got a nail stuck in my arm.. I had to have surgery to get it removed. I’m on light duty now. But I only get 26hours per week.. I was never properly trained to use a nail gun.. I never used one before this job… Do I have a claim

Employers have a duty of care to ensure that all employees are trained to use specific equipment – especially equipment that carries an inherent risk of injury. You certainly have a right to pursue a claim for compensation due to inadequate training by your employer. We would be delighted to help you start your claim, which you can do via our website or by calling us on 01225430285.