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...

Hello I have a debilitating wrist condition and is being made much worse by my heavy manual lifting job. I have told my employer and have been off sick a few times with it. I am told there are no light duty’s but I don’t feel they are trying to find any. I just try and get through work without a fuss but I am in agony some days and feel rather overlooked. I have dropped a glass bin today as my wrist couldn’t handle the weight and I will fill an accident report in after work. Unfortunately my wrist condition kiensbock disease will never heal and lead to arthritis eventually my employer is aware of this but continue to put me in heavy work five days a week. I believe they want me to leave due to not being capable to do my job but I think they could make reasonable adjustments which they disagree with.

Under UK law, employers are not obliged to change the work of an employee if their health changes during the course of their employment. Employees are entitled to request reasonable changes and employers are obliged to consider whether they can make reasonable adjustments. However, if the employer is unable to make such changes, they may end up legally terminating an employees position if the employee is unfit to perform the duties that they were employed to perform.

Do I have claim against my employer due to a major stroke at work , from lack of support and stress which has left me with no feeling on my left hand side and with cps ( central post stroke pain ) this is server pain I have to life with every minute of the day, I have a email from my employer which states that my old job role may be to stressful to return to , I look forward to you response

The difficulty in making such a claim is proving a causal link between your stressful job and the stroke that you suffered. Whilst your work may have been stressful, proving that it caused a stroke is a very different matter.

Is an employee who remains medically unfit to resume their job due to having been injured whilst on duty in an accident at work, but the company is retrenching him – so is the employee entitled to earn their usual annual leave during the recovery period and their salary/bonus for the same period?

Under UK law, an employee injured in an accident at work and cannot work due to their injuries is not guaranteed to receive their usual salary, performance bonus or any other lost income. Whether or not they will be paid during any absence from work will depend on the employers contract and what benefits that employer offers their workers. The legal situation is that the only entitlement an injured employee has is to receive statutory sick pay if they qualify for the same. Alternatively, they would have to seek Government benefits.

I was hurt at work, well I was ran over and my supervisor was called, he asked me didn’t I want to go to the hospital, he told me if you go you have to write down what happened and take a blood test, you smoke weed, I don’t think you want to do that. I think the driver of the truck I’m on is my supervisor’s friend and I found out my driver was popping pills the night before. My supervisor really made me feel as if I’m in the wrong because my driver ran me over, and I haven’t got help, I been scared, but my foot is killing me. I’m always in plan and I can’t take it, I don’t have the money I need to get help, my foot is hurting me really bad, please help me know my rights as a person.

An employer should never pressure an employee in to NOT reporting the details of an accident at work. Regardless of the possible consequences to either the employer or the injured employee, it is vital that accidents at work are recorded.

I had an undiagnosed condition perithial arteries disease. Telling my work for 5 months asking for light duties but was told there is none if I can’t do it to go home. Had appointments booked after work hours to see doctor but ran in to overtime and was refused time off to go. So 5 months after asking constantly for light duties I’m having my leg amputated and I believe if I had light duties when asked and was allowed to see my doctor I would have known earlier about my disease and would have had 5 extra months to try prevent amputation. Would this be a claim as I have lost a lot of wages and now on longterm sick and likely to be fired due incapability.

Although you are now clearly facing very serious surgery and will face a period of rehabilitation before you can recover mobility and independence, in terms of pursuing a claim against your employer for negligence is unlikely to be possible based on the situation you describe.

Whilst you could argue that your employer had a moral obligation to provide you light duties, under UK law, an employer is not obliged to provide light duties if they have no such duties available. An employee has the right to ask for light duties, but if they are not available, an employer can advise the worker to stay home until they are well enough to do the work that they have been employed to do. Therefore, in your case it is likely to be impossible to establish the causal link between your employers actions, your work and the situation in which you find yourself.

I have had an existing injury to my knee which happened whilst I lived abroad last year. I had obtained physiotherapy in that country and got to a point where the physiotherapist was happy that my knee was strong enough to not need any more appointments.

I have since returned to the UK and my knee has been getting stronger.
However, my current employer has redeployed myself from what is normally a desk based job and I am now working on a packing line within manufacturing. Whenever I received this instruction, I did raise that my knee was still recovering and that I did not feel that it would be suitable work. My employer has offered a stool so I can alternate between standing and sitting.
Now, 3 weeks after being redeployed, my knee has worsened and I now have a limp. I again raised this with my employer expressing my discomfort and asking for alternative duties. I also asked if my employer would cover the cost of physiotherapy which I believe I will need to resume for the reason that my knee has worsened due to work. My employer has said no because the original injury did not happen in work.

Can you please advise me on what rights I may have?

Whether or not you will be able to hold your employer liable for the worsening of your pre-existing condition is uncertain. Much will depend on the nature of the work you are employed to do and whether it is practical for the employer to alter your working environment in the way you need or whether you should simply have taken sick leave until your injury was stable enough for you to work.

This is a matter our Solicitors can consider for you and if they feel that the employer hasn’t met their statutory obligation to ensure that the risk of injury was minimised, they would pursue a claim for you.

Over two years ago I got diagnosed with carpal tunnel syndrome in my left wrist (I already had it in my right wrist and has been operated on). After I told my employer, I switched jobs within the company, this slightly alleviated the problem as I had three hydrocortisone injections in my left wrist to help. In the past few days, I’ve been placed back on my previous job role, and the symptoms have flared up quite badly since. I’ve told my employer and manager about the situation, but they’ve effectively just ignored my complaint of injury and request. What can I do?

You should contact us urgently regarding this matter as you could well have a valid claim for carpal tunnel syndrome compensation. However, there is a strict 3 year claim limitation period on such claims and as your diagnosis was over 2 years ago, you could be getting dangerously close to passing the 3 year limit – which would prevent you from being able to make a claim or exercise your legal rights in this matter.

Hi,
I recently sustained an injury at work.
I had voiced my concerns on the health and safety issues regarding the area where I was working.
No method statement or risk assessment was available.
I suggested control measures,but they were ignored.
No details of my injury was recorded as there is no accident book.
Is this legal ?

Regards
David

All employers should ensure that all accidents and injuries within the workplace are recorded. Any serious injuries that meet the relevant criteria, should then also be reported to RIDDOR.

In your case, as the employer has failed to act on the concerns you have raised, there is a realistic possibility that you may have a valid claim against the employer due to their negligence. As such, we would like to speak with you further about your work and your accident so that we can advise you about a claim for accident at work compensation and explain the No Win No Fee process in detail so that you understand your rights and how we can assist you.

In the meantime, as the employer doesn’t appear to record accident information, a sensible move would be for you to make your own report and send it to them – either by email or via recorded delivery, retaining a copy and postage receipt should you do so.

We look forward to helping you understand your rights and if you wish to take further action, to help you to make your claim.

I injured my back in work, have been off for 5 weeks, been to work, physio once a week but they want to assess me on my job flt and lifting but am still in pain when I stop taking meds, can they make me go back to work?

An employer cannot demand that you return to work if a Doctor has signed you off from work due to injury and deemed you unfit to work. An employer is entitled to expect to meet with you and discuss your health, see copies of Doctors notes and offer to assist with a return to work plan and liaise with your GP.

Hi,
I recently bumped my head on a freezer door in work, I suffered a swollen lump on my eye within minutes, dizziness and blurred vision and did not feel able to stay in work. I was told by my store coach who was not on shift at the time to inform her if I needed to go home. I did this.
As a result of this, I have now been stripped of my shift coach position and placed on a zero hours contract only working when cover is needed. Previously I was working 24+ hours a week. I have been given no shifts since the incident 2weeks ago. I have photographs of the black and bruised eye I still had 5 days later. Is my employer allowed to do this?

Whether or not your employer is within their rights to move you on to a different contract is something we can’t answer – it certainly sounds unfair and extremely harsh. We would strongly recommend that you speak with an employment law Solicitor or your Union at the earliest opportunity regarding this issue.

As for the injury itself, if you have had medical treatment it would probably meet the minimum severity to enable a claim to proceed. However, before we could say whether or not there is a valid claim, we need to know more about the injury and whether the employer has been negligent in their approach to health and safety – your training and the workplace in general.

I suffered with RSI 2 years ago as a result of doing a lot of transcription work in my job. Before my operation my employer was very helpful in getting me a new office chair, new mouse, physio sessions etc. However, in April 2018 the pain got so bad that I underwent an operation for RSI and it was successful. I took about 2 months off work after the operation to recover.
However, 2 years later my RSI has returned. It flared up a few weeks ago, because I had been doing a lot of transcription work (due to another member of staff being on compassionate leave) and also a 3 hour slot in studio rolling autocue, because of other staff being unavailable.
What should I do? I don’t want to fall out with my employer but they were supportive before and after my operation, but I feel so upset that this problem has returned, basically through a lack of staff in our office.

It is important that you make your employer aware of the return of your symptoms and of your views as to what is causing you to develop symptoms and any areas where you feel that the employer could do more to help you avoid developing symptoms.

I helped my manager remove a large wall cupboard and strained my back. A few days later my back seized up and I ended up having to have 2 months off from work. This injury has made my preexisting back condition worse and I have now been diagnosed with fibromyalgia and I have developed more chronic pain. Was my employer negligent?

If your employer failed to provide you with manual handling training to enable you to lift and move items of weight safely and if you were injured doing a job that is not within your usual remit as a result of negligence, you can pursue a claim against your employer.

The scenario you describe is certainly something that may well see you able to pursue a claim for compensation. We would like to find out more and further investigate this for you.

My partner recently had an injury work due to another colleagues actions. She hurt her back, neck and foot and was off for four days. The site manager called her the next day as that was the first he heard about it because it hadn’t been put in the accident book by the first aider/line manager on duty at the time.

They then asked her to come in to do a meeting and to talk about what happened, which was difficult for her physically. Within this meeting, they said they would like to see her back before 5 days, or hey would have to get a health and safety office out and have an investigation.

The day after that, they called her again and said if she comes in she can do light duties such as office work (her normal job is warehouse picking, and it’s very heavy lifting), so by the next day, even though still in pain but doing slightly better, she went back in thinking that she would only be doing light office duties for a while…when she got in, they told her to do picking and if anything heavy comes along, just get some one else to do it (which isn’t exactly easy)

The employer could be seen in a positive or negative light in the way that they have encouraged your partner to return to work. On the one hand, by offering her light duties and making sure she knows that she can avoid lifting etc, they are enabling her to work and helping her to avoid any time off unpaid. On the other hand, you could look at it that they have only wanted her back so that they don’t have to report the incident to the authorities and health and safety professionals.

With regards to the actual injury to her back caused by a colleague, she could pursue a claim for compensation against the employers insurance for the pain and discomfort caused to her. Of course, a claim will only succeed if negligence can be established. Therefore, we would need to speak with her to find out a little more about the incident and the injury before we can be certain about the claim, but our initial view is that she should call us.

I was told that as I work on a zero hours contract I am not entitled to SSP even though I was away for nearly four weeks due to painful ribs. I work in social care and do a lot of manual handling. When I returned to work two weeks ago the pain came back within ten days but worse than before. Now I need to see the doctor.

Not all employees qualify for SSP if they are off work through injury or illness. The only way that you can recover loss of pay would be by succeeding with a claim for personal injury – if the injury was caused through negligence or an accident at work.

I had an accident at work in Dec 2016 to which my employer has admitted liability.After 2 failed operations and almost 3 years of pain what are my rights if my employer decides I am unfit to carry out my full role of duties. Beside having put in a claim for compensation what are my options regarding loss of earnings and could I be pensioned off? If the latter was taken would they have to pay my pension up to 67 so I could take it as an income if i was to finish work? I have 9 years until I retire.
Many thanks
Andrew

As your accident at work was in December 2016, your 3 year period to pursue a claim for compensation expires this December. As such, if you have not already started a claim, it is now likely to be too late to do so.

I’ve had an heart attack when I was at work. I wasn’t assisted by a first aider & instead one of the managers drove me to a&e and left me alone! what can I do?

In terms of making a claim for personal injury compensation, there is sadly very little that you can do. Whilst your employers should perhaps have provided a clearer and better thought out response such as calling for an Ambulance, the fact that they did take you to Hospital is important.

I work at height and using a cherry picker to do my work, the cherry picker boom broke down when I was up working and came down faster and now I have back pains. The company took me to the hospital and the doctor recommend I go to a physiotherapist. They are organising a safety meeting and want me to go back to side with my sore back and doctor said until therapy no work.

You would appear to have valid grounds to pursue a claim for personal injury compensation. If you are unable to work and your Doctor advises against work, you should follow their advice. Of course, if you are out of pocket due to a loss of income, that would be accounted for should you succeed with a claim for personal injury compensation.

I had a very bad injury whilst I was on duty at work. I had to have a big neck operation from C3-C7 in my neck. Today my boss told me that he is going to board me and confirmed that it was their fault for my injury as we had not received any training or safety guidance where we worked.
Please if someone can help me?

The lack of training and guidance regarding safety on the site on which you were working should enable you to pursue a claim for personal injury compensation.

At the beginning of the year i had to sit on a broken chair at work, i spend most of my day at a computer. I kept telling people that the chair is broken, the back rest if used was on freefall and was not able to fix it in any position. 2 months later, still on the broken chair and starting to get lower back pain (never had problems with my back before) i fill out a new DSE and put the chair issue on there and about my back pain, still nothing. I then emailed HR about this and was told i can use chairs of staff who are off work as i only work part time (there was not always a chair available) meaning i was still having to sit on a broken chair. Finally in april i got a new chair after seeing the nurse at my gp surgery. Stupidly i thought things would start to improve with my back but they have not.
I saw my gp last week and now waiting for an appointment with a specialist, i am now on codine tablets not that they are helping me much with the pain i am now in.

If you have no history of back pain prior to sitting on the chair and you have not taken part in any other activity that could cause such an injury, then you can look further in to making a claim against the employer for the damage to your back.

Employers have a duty of care to ensure that the working environment that they employ staff to work in are as safe as possible. These obligations range from ensuring adequate training and safety measures in areas of potential danger right through to ensuring that chairs are in sound working order. Given your employers failure to resolve the chair issue, you may well have a valid claim.

If the issues you had with the broken chair were recorded in writing with the employer, showing that they had been put on notice of the chair issue and had failed to resolve it for a considerable time, your prospects of success would increase considerably.

I had an accident were i went to clean the inside of a belt on a machine as it was blocked with material. It appeared to be off and not moving as it was that blocked so i stuck my hand in to clean it without pressing the off button as it was not moving anyway. We are told to clean it regularly so that’s all i was doing and as i cleaned some out it unblocked the belt and started moving and dragged my hand in. I was off for 4 weeks with lacerations and a lot of swelling and am now back at work but have no money and only just able to afford bills. Would i be entitled to claim anything?

As you didn’t ensure that the machine was switched off, you may well have to accept an element of contributory negligence. However, despite this you may well still be entitled to pursue a claim to recover some compensation and some loss of income.