Injured At Work? Understand Your Rights And When You Can Claim Compensation

By Ian Morris | Updated November 7th, 2024

615 questions have been answered on this subject - ask us your question

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 .

615 questions have been answered on this subject - ask us your question

Comments & Questions

Read on for questions and advice about claiming, plus work injury claim examples...

I was asked to take a box from upstairs to the back of the warehouse. I have been with the company for 1 1/2 months and still haven’t been shown procedures etc and no safety shoes issued. A drive shaft has fallen out the dilapidated box and broken my toe, my boss hasn’t bothered about my injuries at all and left me there for hours, I had to ask the General Manager to arrange a lift to the doctors. The first aide doesn’t have the training for first aid as his paperwork is valid from 12 December 2019, my incident happened the Tuesday the 20th November2019. My manager has been very short and not showing any interest or concern for my incident. Will explain when we talk.

You may well have a valid claim given the apparent failures of the employer with regards to health and safety training and provision of personal protective equipment (PPE).

I have been diagnosed with an aortic aneurism and my gp has told me not to lift and stay out of the warehouse where welding fumes are. I am a welder. I am due an operation in two weeks but my gp hasn’t signed me off work for my own safety. I have explained this and put it in writing but they have sent me home from work and now want me to see a private doctor, can they do this?

As to what rights your employer has in this situation, we feel that you should make contact with an employment law Solicitor at the earliest opportunity in order to get accurate and qualified advice from the right expert.

I have two prolapsed discs in my back, which causes me severe pain and I am on heavy medication. I believe this was a progressive medical issue that has got worse, and was not sustained at my current work place. However, since working there this has got worse. I work in a warehouse on very basic chairs. Two years ago when I had to take time off with my back, occupational health were brought in by the company to assess my working conditions and was told they need to provide me with a more supportive chair. It has been two years, and after many, many attempts of chasing my employer, they have not provided me with a suitable chair. Because of this, I am in constant pain at work as I get no back support and have had to reduce my working hours as I find it unbearable to sit in my chair for more than four hours. Could you let me know where I stand with this? I feel my employer is being negligent, and whilst they are not the initial reason for my condition, I feel they are contributing to it getting increasingly worse.

It may well be possible to pursue a claim against your current employer for the exacerbation of your pre-existing back problem as a result of their failure to act on the advice of occupational health and provide you with a suitable chair.

Employers do have an obligation to ensure that the workplace environment is as safe as possible and that will include work stations and an obligation to ensure that seating and desk space is adequate and fit for purpose.

I have had an injury at work, got refused light duties but now they are offering light duties to me. My leg is still numb, i am waiting for an mri scan. Got told by them that i needed to wait for my scan and to be cleared by occy health, not had either yet, what do you suggest?

If the employer is offering light duties and you feel that those light duties are manageable and will not worsen your injury, you should take them up on the offer.

Hi I had an accident in work 3 days before i was due to go on holiday. I came back the week after on light duties. I didn’t break my leg but now have trapped nerve. I wear an ankle support during my holiday, i had to use a wheelchair and for 2-3 weeks after was on crutches. I’ve been told that because I had an accident my holiday doesn’t count as holiday. Could you shine some light on this information for me please? Kind regards J.Hart.

If a Doctor has signed you off work through ill health or injury, any holiday leave that was used in that period should be re-instated and rather than receiving pay via Holiday pay, an employee may instead receive sickness pay. However, not all employers pay sick pay (there is no legal requirement to do so), so many employees will instead use their holiday pay whilst recovering from injury in order to maintain their income.

I have been lifting, on a weekly basis for the last 4 and a half years, a case of equipment weighing between 16 – 22Kilos.

My back has been gradually getting worse as a result. Recently, I suffered a serious strain and have had to have time off work. I believe my work will make changes but I can’t see myself continuing at work for much longer with my back like this. I received no manual handling training.

Could I reduce my hours but claim loss of earnings , or even retire due to ill health supported financially by the company?

The most sensible course of action would be to pursue a claim for personal injury compensation against your employer. Their failure to provide you with manual handling training or guidance is a clear breach of employer responsibility to prevent back injuries and they have failed to ensure that you can work in a manner that enables you to work as safely as possible.

The only way to recover lost income – including future loss of income – is by making a claim for personal injury compensation. During the claims process, a specialist Solicitor would instruct a medical expert to assess your injuries and provide a report regarding their prognosis of your future recovery or lack of recovery. If the expert were to find that you would not fully recover and needed to reduce your work, a loss of income claim would follow for the level of income lost as a result.

I work for a well known supermarket for a year now, since working there I have got trigger finger due to the heavy lifting and pulling pallets which weigh tons. I’m in constant agony and am waiting to have treatment at the hospital for it. I also suffer from carpal tunnel which has become worse since I’ve worked there, my managers are aware of my hands and finger and basically don’t really care.

Carpal Tunnel Syndrome and Trigger Finger are well known repetitive strain injuries associated with certain working practices. Employers have an obligation to reduce the risk of such conditions so far as possible by providing relevant training, personal protective equipment, adequate breaks from the repetitive work and risk assess the work being carried out by their employees. If our Solicitors can identify any areas in which your employer has failed to uphold their obligations, they will pursue a claim against the employer for you.

Hi Ian. I am working as security guard transfer money from the bank. Was involved in three robberies in 2012, 2013 and 2014 with no physical injured but was very frightening as weapons were used. Only last year i been diagnosed from Ptsd related to this accidents by 2 different clinical psychologists as i was not well for last 2 years and i did know what was wrong with me. Over year out of work due to chronic ptsd as my company never provided me any medical support at time of accidents and symptoms of ptsd got too chronic with other mental disorders.
Can i pursue the claim when i knowledge last year and company fail to provided me care of duty at the time of accidents? Thank you.

The problem you will likely face is one of limitation. As claims for criminally caused injuries must be made to the Criminal Injuries Compensation Authority (CICA), the limitation for such claims is 2 years from the date of the incident. Although you have only discovered that you have PTSD in the past 12 months, the date of limitation will start from the date that you began to suffer symptoms.

Hi at work just a min ago and some tables got pulled out on the trolley but the ones that we just propped up against the wall fell when the trolley got pulled out, having them fall on my foot and my shin to which I now have a lovely big lump under my skin. My manager said it’s because they weren’t put away properly…do I have any rights to put in for a claim? X thanks

The accident scenario you describe leads us to take an initial view that you do have a valid claim.

You should ensure that an accident book entry is completed and take photographs of your injuries. If the injuries are sufficiently serious, you should also ensure that you seek medical attention regarding them.

I developed Lateral epicondylitis 14 months into working for my employer. They refused to do a risk assessment for 7 months and 11 months later, I needed surgery. The employer didn’t report this as RIDDOR and intentionally gave me jobs to do that aggravated my pain just days after having a procedure done on my arm. There was no support at all and I have been dismissed 3 weeks after surgery stating there’s no medical evidence I can return to work. The capability hearings were biased and unfair as I was personally slated and insulted by my manager. She also alluded to me lying about needing the surgery and recovery time. I feel absolutely disgusted and deeply distressed that they can get away with this. I have an appeal hearing soon. I do not feel I could go back there now. I doubt it’ll be reversed but my manager is a bully and a ‘gas lighter’ and can’t get away with this.

There are two issues for you to look at and along side any personal injury matter (which is where we can help you), you may also wish to make enquiries with an employment law Solicitor as you may have need for specific qualified employment law advice also.

On the issue of your tennis elbow injury, you may have grounds for a claim against your employer for the injury to your arm. In order for us to be able to advise you as to whether or not you do have valid grounds to pursue a claim for the repetitive strain injury to your elbow, we’ll need to speak with you to find out a little more about the work you were doing and how you were managed once you reported pain and discomfort. We would then present your enquiry to one of our suitably qualified and experienced Solicitors for a detailed consideration of the facts of the case. We could then advise you of their feedback and if appropriate (which at this stage would appear to be likely), help you start your claim for compensation.

What are my rights if my supervisor doesn’t give me modified duties after a back injury and I re-injured it as a result. I then got a doctors note for modified duties and my supervisor still doesn’t accommodate that!

An employer is not obliged to provide amended duties if the amended duties are not compatible with the needs of the business.

If you have injured your back because of negligence, you could make a claim for personal injury compensation.

Hi I’ve had a trip in work and caused serious damage to my knee, as a result of this I will not be able to do my role as a lift engineer, however I can return on light duties, will this affect my salary and my inability to do overtime? If so can I claim back the difference in salary’s before and after the accident?

Yes, you would potentially be able to recover your lost income and any loss of overtime (if you regularly do work overtime, the potential loss of income can be established based on previous months salary payments) as a result of your accident at work as the injuries sustained are causing you loss.

The only way to seek such recovery is by making a claim for personal injury compensation against the employers insurance cover. As you tripped at work, the claim would likely surround the cause of the tripping accident and what action the employer (or other business owner if off site) should have taken or could have taken to reduce the risk of injury. If successful with such a claim, you would recover compensation for the injury itself – which would be based on medical evidence, but also via your special damages claim you would recover the loss of income and out of pocket expenses caused in the accident.

During my first month of work I lost part of my ring finger (right hand) and I’m right handed. This happened when me and my 2 colleagues have been moving massive stone worktop. That put me off work for 7 weeks. My Boss paid me all my salary and any expenses during that time. I’m now working again but still nothing is happening. My question is do I have rights to make a claim for my personal injury? If yes, how do I make a claim?

Although your employer paid your salary whilst you were away from work (which is good and should be commended), that does not mean that you cannot make a claim for compensation.

The fact that you have received pay is good, but you have lost a part of your finger from your dominant hand and that is a permanent loss and a visible injury to live with. The loss of a part of a finger will reduce your dexterity and grip strength and could impact you more in later life, so the right to make a claim is an important one.

We would be happy to assist you with the process of making a claim for compensation with our specialist Solicitors. The process is simple and we would be happy to discuss this with you and offer you our help.

I had an accident at work which resulted in me injuring my hand badly and needing stitches. My doctor has advised that I cannot work for 7 days due to the stitches and their location on my hand. However my employer is pressuring me to go back to work almost straight away. Due to being a welder this would be difficult for me as I have limited movement in my hand and it is not a clean environment due to metal dust etc. What advice would you be able to give me?

You should follow the medical advice given you to you with regards to what you should or should not do. Whilst your employer may be in need of your services, you need to prioritise your hand and your future. If you were to further damage your hand or get an infection, the long term consequences to you could be serious and you would be within your rights to refuse to work on the grounds that you are not able to do so safely or without risk of injury.

With regards to the injury you have sustained and the stitches you have received, you may have a valid claim against your employer for compensation. We would be happy to discuss your accident at work with you in order to help you understand your rights and what options you have in terms of making a claim for compensation.

I had an accident at work when an angle grinder disk shattered and lacerated my arm. I have had hospital treatment including 5 stitches and had to have 3 days off work. I have been told that I am not being paid for my days off or I that I will have to use my holiday leave to cover my pay. I was told to take a week off work but could only take 3 days as I did not have enough holiday days left to cover the full week. Can my employer do this?

Under UK law, employers do not have to pay staff their usual salary/income if they are off work through injury or illness. This certainly seems unfair as even if an injury was caused at work, through no fault of the injured worker, the employer does not have to pay them anything more than Statutory Sick Pay (SSP) if the employee qualifies for such pay.

In your case, the only way you can recover your lost pay or lost holiday allowance would be by successful pursuit of a claim for personal injury compensation – something we can help you with.

I was injured on duty, thought it was a recurring hernia but it was not, so i got all the papers from the hospital and then my manager told me not to proceed with a iod – i might get a warning for getting injured, but now they took my sick leave and told me i don’t have any left, what can i do?

Your options will be somewhat governed by the time that has lapsed since your injury and now. If the incident you refer to was some time ago, it will now be hard to make a report of the injury as being a workplace matter. However, if you are talking about an incident that has only happened recently, you should still report it and follow the correct procedure.

You should not worry about getting a warning for suffering an injury at work – unless your injury was caused by you ignoring prescribed protocol or training instructions.

I suffered from a partial amputation of my left middle finger. My employer and actually the owner of the company was standing right next to me when it happened. He instructed me to not claim the injury, and that he would reimburse me any expenses I accumulated and would cover the medical bills. I found out yesterday that they had not been paid, and when I approached him and questioned him about it, I was told that they were to be paid at his discretion. They are almost a year unpaid. The next day he re-instigated the conversation, that turned into an argument, that led to my dismissal. What do I do now?????

The situation you describe is one that highlights the importance of ensuring that the interests of an injured person are paramount to that injured person when they have been in an accident. In this case, you have relied upon a verbal agreement with an employer who was clearly attempting to cover their own back after your injury. Now that they have gone back on their own offer to cover your costs, you are left in the lurch.

Was your accident at work recorded in an accident book? Do you have evidence to demonstrate that it happened at work? If so, you could approach a specialist personal injury compensation expert – such as ourselves at Direct2Compensation so that a claim for compensation for your serious injury and associated costs and losses can be pursued for you.

What are my rights to time off for hospital appointments after an injury at work?

Your employer does not have to pay you whilst you are unavailable for work – unless you have a contract which entitles you to receive such pay. However, the employer should not prevent you from attending medical appointments or obtaining medical treatments.

Thank you Ian Morris for replying. Is that a legal thing regarding having to let you go for hospital appointments when you have had an injury @ work?

Of course, your employer does not necessarily have to allow you to take paid leave and they can request that you attempt to ensure that any medical/rehabilitation therapies are arranged at times that least impact on your working schedule, but they should not prevent you from attending professionally prescribed medical appointments/therapies and treatments.

I have been given a written warning at work because I refused a reasonable request. The reason I refused is on health reasons. I worked in a freezer cold store -18 and the personal protective equipment gloves I was provided with did not keep my hands warm. I complained to my supervisors and manager but they just wanted the job done and don’t care that I was suffering and say I still have to work in there.

Whilst your situation relates clearly to health and safety at work, which is certainly relevant to our area of expertise – personal injury compensation, as you have not been injured, we cannot assist you.

Your employers could be playing a dangerous game if it is the case that they are not providing the correct PPE. You should of course put your concerns about the gloves you are provided with by the employer in writing to your Line Manager and request that an alternative is provided.

However, the issue you have at the moment relates to employment law and as such, you should address this matter to an employment law Solicitor.

I am a trained support worker and help people with learning disabilities. One of the clients I support who is non verbal had been displaying some violent behaviour in the last few weeks. I was not in during this time but was updated on it as I was off.
When I was on shift 2 weeks ago she unprovoked got up and kicked me hard in my ankle. However, I have a previous injury there from an accident and have neuropathic nerve damage which was known at the start of my employment. It is managed with medication and pain clinic.
I understand she would not know cognitively or understand that it was my bad ankle but it still happened and it has really exacerbated my previous injury and I cannot work because of this currently.
I have swelling and bruising and hospital and doctor confirmed that I have sustained a soft tissue injury due to her hard kick.
All has been documented, reported, but my employer is not giving me an answer about sick pay and any other benefits after 2 weeks. I am not with a union. Where so i stand with my rights please? Any help would be really appreciated. Thank you.

As you rightly point out, the client who caused this injury would not have kicked you knowing the consequences or the possible impact that such action could have on you. With this in mind, the only possible route to pursue this further would be by looking in to whether or not the employer could realistically have done anything to reduce the chances of this happening to you or a colleague.

Of course, at this stage we do not know whether or not a claim could proceed, but we do feel that this matter should be discussed with our specialist Solicitors so that you can get a qualified view as to the prospects that such a claim would have. We also have articles and many questions on care worker and support worker claims if they’re of interest.