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...

Hi I suffer injuries to my back and hands but it is because of the job and not the employer. I haven’t worked in 4 years as I can no longer do the work I did.im not sure if there is a claim their or not ?.I worked in the building trade over the last 16 years.

Your injury would appear to be one of a repetitive strain or similar nature. As such, you have a maximum claim limitation fo 3 years from the date at which you first developed symptoms.

Earlier this week I have suffered injury to my sole on my right foot over working as a cleaner due to the shortage of staff on site. I am on a zero hour contract and will not be paid for any time off work due to injury which severely affects my income which furthermore causes me stress. My team had been working inside a building in which the air conditioning had been turned off overnight leading to excessive sweating and causing me fatigue, insomnia and weight loss over a week in august with temperatures reaching 35 degrees Celsius. Ssp will not cover my rent and Bills if I am to take time off work. What are my rights in this given situation?

Although the conditions you were working in were far from ideal, it would appear that your employer has not breached any health and safety regulations. You may have difficulty proving a causal link between the work you were doing and the injury to your foot.

I work in a factory and had an accident two years ago so I understand I will need to make a claim within the next year. Insecure machinery fell and trapped my hands, which damaged them quite badly and has caused me on-off issues holding things ever since. I don’t foresee facing difficulty proving my case as there are colleagues who witnessed it and the accident was documented. My employer has asked me to take voluntary redundancy but I am wary if I take it, I might be waiving my right to make a claim. Can I still make a claim if I take the redundancy even though I will no longer be an employee? And is my claim for compensation likely to cover the loss of wages I face upon taking the redundancy? I fear I will struggle to get similar work given the condition of my hands.

The redundancy and personal injury claim are two completely separate matters and have no bearing whatsoever on each other. Should you take redundancy, you can still pursue the claim with no issues. Should you take redundancy, the redundancy settlement will account for the loss of your work and you won’t be able to claim loss of income for any period after your redundancy because that job has been legally terminated through redundancy.

In terms of your personal injury claim, firstly, it does sound a strong claim. Secondly, you can recover compensation for the injuries sustained and the impact that those injuries will have had in both the short term post injury, but importantly the longer term difficulties with grip strength or dexterity. Also, you can recover any loss of income or incurred costs caused by the injury.

This is a claim our specialist Solicitors would be best placed to handle for you. They would ensure that your claim was handled professionally, that your legal rights were fully upheld and your injury properly assessed so that any claim settlement value was maximised.

I was injured at work and attend all of my appointments scheduled by my job now they are attempting to get a in house therapy specialist.

The in house specialist therapist should be seen as a positive move. Hopefully their knowledge and expertise can help you to return to work sooner and regain full health.

How were you injured at work? If you would like to discuss the potential of pursuing a claim against the employers insurers for the injuries and any loss of income you have sustained, please call us on 01225430285.

On 1st August 2019 I got hurt at work when I was hit in my right eye by a coil of bailing wires. I have been going to physical therapy ever since and having really bad headaches. On July 20th I went to see my neurologist again and they have now released me on to full duty with no restrictions even though I told him that I am still having really bad headaches. However, he said to go back to work and push myself and said that it would probably make me feel better. I still have to go to physical therapy for 2-4 weeks and have to go back and see him in a month to see how I’m doing a work. What should I do?

Although it may not feel right, it is hard to argue with the advice of a medical professional. Therefore, it is probably sensible to follow their advice and return to work. If you find that work is worsening your symptoms or making you feel unwell, you should take further leave and seek a period of absence.

Ok so for the 7 questions thats in this article I said no to all of them…I recently got cut by hedge trimmers at work…it was very deep on my middle finger and not as deep on my pointer finger…my concern is the guards to the trimmers were removed by my employer some time before I started the job…is he responsible for my injury as I feel it could of been avoided or not as bad had the guards been in place…any help on what to do would be appreciated…

If an employer has removed safety guards from a potentially dangerous machine, that is employer negligence. As you have then sustained a very serious injury that the removed safety guards could have prevented, you have a valid right to make a claim.

I’m a young female recently employed with hcc.i recently got attacked and hit by a client in the left eye, and hit on the stomach all in the same week. I worked a few days after but I’m now on four weeks sick off and still getting medical help with my eye.my employer is, however, pushing me to attend a probational meeting, which she says will still take place even in my absence.
I am also been pressured to attend an occupational review about the eye, which I told the manager I’m not able to due to my current eye problem, as my ear also started aching and I cannot receive phone calls.i also get help from a second person as with the blurry vision and headaches I have due to my eye I cannot manage my day to day activities, as I live in a flat.
I feel like my employer wants to sack me because I’m on probation and currently not going to work. please advise me what is best for me to do?

The probationary meeting is separate to the incidents at work in which you were injured and if you are able to attend, you should do so. If you are unfit to attend, you should inform the employer in writing and provide a Doctors note.

The area that we may be able to help you with relates to a potential claim against the employers insurance for the physical and emotional injuries caused to you in the incidents at work. If you would like to discuss the potential to claim compensation with us, please call us on 01225430285. Please note that by law they cannot sack you for an accident that wasn’t your fault.

My boss keeps making me do physical work in the office even after the doctor states I can only do sedentary work. What should I do? She also belittles me and tries to provoke me in front of another colleague.

If your Doctor has written to the employer/provided written advice, you should remind the employer of this in writing and make mention of the issues you cite here. If the employer then ignores that and you sustain further or worsened injuries, you can pursue a claim for personal injury compensation against the employer.

Hi good afternoon,
On the 9th of June due to excessive pressure put into my right knee during works to my employee in his property, I did get a knee injury where pain, swallow and impossibility to perform any normal works to my employer and in my own business as I did try on the 10th,13th and 15th of June not being able to carry more then 2 or 3 hours and ending up in bad situation again I did engage my GP and went to A&E when I was told that I was with a knee inflammation and I have being issued with a Not fit to work note.I did notice that during this process my employer was always trying to come out with was not at work situation.After I ask if he was going to activate the insurance and after wait 2 weeks with no feedback I have been called to a meeting where I was told that the employment contract renew on the 6th August was not going forward and that my only entitlement was ssp as insurance company answered that I was not entitled to nothing.Is this situation normal under employee rights and accidents at work rights?

This is a matter that our Solicitors can advise you on and will help you understand whether or not you can pursue a claim for compensation.

I had an accident at work due a malfunction of the HGV vehicle that I was driving and ended up breaking my wrist. My doctors advised that I could drive as I have a splint not a cast but needed to be on lighter duties so no pushing or pulling cages, when I spoke with my manager they said that I didn’t need a sick note and that they could accommodate the light duties. 4 weeks down the line they’re now saying that without a sick note they will put me back to normal duties. I phoned the doctors and they’re struggling to get time to produce it due to the current pandemic. The doctors assistant has emailed me to say that he is awaiting the doctor to complete this and explained what the letter will cover but my employer is still demanding I go back to normal duties. Where do I stand with this?

You mention that the vehicle you were driving had a malfunction and that this caused your injury. If the malfunction can be proven (was it reported and investigated?), you could pursue a claim against your employer for the injury and any associated loss of income.

The employer is within their rights to require a sick note, but given the obvious nature of your injury, they should work with you regarding the issues you are having with your GP.

My mother works within the NHS. She was punched by a patient in 2014. Sh was left with slightly loose teeth. In 2017, they got so wobbly and painful that the dentist had to remove them. She now has to use dentures. The accident occured over the 3 year time limit but she realised the full effects of the accidents less than 3 years ago. Can she claim? The reason she did not claim was because she feared it would affect her job and was not aware how the process worked. Can she still make a valid claim?

Notwithstanding the long term impact of the incident you mention, your Mother is sadly out of limitation under the statute on personal injury matters and cannot now make a claim as more than 3 years has passed since the date of the incident.

I reported on many occasions on daily check logs for the vehicle that the step on my works van was loose and the clips where missing which held the step into the right position nothing was done about this. I was injured due to this. And i also haven’t had any training on heavy lifting amongst other things.

As you have previously reported the faulty step and missing clips on your vehicle to your employer, they are obliged to act and ensure that the fault is inspected and repaired. As they have failed to act on the report of a risk to health and you have subsequently suffered an injury at work because of the fault you had previously reported, you are in a strong position to pursue a claim for personal injury compensation against them.

If you have not already done so, please report the details of your accident at work to the employer (in writing) in an accident book or other similar incident reporting log.

We feel that you have a strong claim and will be in touch to offer further help and pursuit of a claim for compensation.

I’m hurt, two times now, I must have surgery, to remove deep splinter, my boss threatening me not to use his insurance, don’t know what to do.

What threats is your boss making to you? If you are being injured at work through their negligence in terms of health and safety, you have every right to make a claim.

Hello. My sister’s boyfriend had an accident at work while changing a tire. The type blew off and hit him. He has pulled the ligaments in his arm and broken his wrist in two places. The hospital have said that he may need a metal plate put into his arm. The tire was on a tractor which he has not been trained to deal with. Since the accident, his employer has refused to pay him.
Is he able to claim compensation and should he receive full pay while he is off due to this injury?

The lack of training from the employer regarding the specific task he was being asked to perform could well be relevant in terms of making a claim for personal injury compensation and to recover lost wages.

We can help with this matter and invite the injured party (or you/your sister on his behalf if he is in too much discomfort/in Hospital) to call us on 01225430285 to further discuss how we can help with a No Win No Fee claim.

Hi. I chopped off the tip of my middle finger on my left hand. I put my hand into a cutting machine that had no safety guarding fitted at the time, I had no relevant training in the 6 months I had been working for the company at this point. However it happened in the department that I managed and was responsible for. Would this last point make it impossible for me to claim?

The last point wouldn’t make it impossible for you to claim, but there could be some contributory negligence held against you that may impact on the final value of your settlement. That said, we still feel you would succeed with a claim and we would be happy to get our Solicitors on to this for you.

Hello. My daughter was at work and had to run to a code. She tripped on a wire outside and broke her pinky finger. We now found out that she needs to get surgery to have pins placed in her hand. what are her rights?

The wire was a hazard to health that should not have been present and the employer or property owner is likely to be liable. This is a matter that would warrant a claim for personal injury compensation and something we can help with.

If it hasn’t already been done, we would recommend that an accident book entry or incident report is made with the employer and that if possible, photographic evidence of the wire that caused her to fall is obtained.

I had tennis elbow around 5 years ago.had all treatment and full recovery.2 weeks ago in another job I tried carrying a 10kg bucket and re injured my arm. I am unable to see a doctor face to face so had a telephone physiotherapy consulation.

I consider the injury to be more painful and awkward this time. Can I make a claim on this incident with my arm being damaged before? Any advice would be great.

The fact that you have re-injured your elbow or exacerbated a pre-existing condition will not prevent you from making a claim. The only impact an old or pre-existing condition can have on a claim can relate to the final settlement value (if it is found that some element of the ‘new’ injury relates to the ‘old injury’).

In your case, you can pursue a claim if you believe that your employer was negligent towards you. As you sustained the injury whilst lifting at work, we would be keen to know what manual handling training, if any, your employer has provided and how they have ensured that you can lift and move items safely at work.

Please call our team on 01225430285 so that we can further discuss your new elbow injury with a view to helping you pursue a claim for compensation.

Do I have the right to see security footage from my employer if something happened to me there?

UK law is somewhat ambiguous in this scenario. The employer is not obliged to allow you to view the footage and there is no law that prevents them from allowing you to view the footage!

I have asked my employers for my record when I had an accident – a document I signed. Employers are refusing to provide me with a copy – is this legal. Many thanks

Rather bizarrely, employers (or any other organisation for that matter) are not obliged to provide a copy or sight of a copy of an accident book record when requested to do so, unless compelled by a court order or via a legal frame work such as a freedom of information (FOI) request. Whist there is no need for them to withhold sight of the record from you, many employers do choose to retain confidentiality to their records unless they receive an order or legal request to release the same.

I was leaving work the other day and my boss grabbed a hold of my finger and broke it. He ended up smacking me in the face when on the clock and we had a little brawl. He only expecting me to be off a week and then be back to work. I want to sue him. Do I have a case?

Did you report this incident to the Police at all? Your injuries were a criminal assault and should be reported as such.