Can I make a personal injury claim if I’m unemployed?

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

You can absolutely make a claim if you’re unemployed, even if you’re on benefits. Whether you’ve been shunted from behind in a car, injured by a malfunctioning appliance or fallen badly on a trip hazard, your rights to compensation are broadly no different to those of employed people.

If your injury was caused by someone else acting irresponsibly, or by health and safety regulations being overlooked, you could well have a case for a claim.

If your case is an honest one, and you can show the genuine impact of the accident on your quality of life or your employment prospects, we’re on your side.

And if you’re unsure where responsibility for your injury lies, feel free to call us. We can help you to understand your rights and advise whether you can make a claim for compensation.

In some cases, it might be that an accident has led directly to you being left unemployed. It might even be that you’ve suffered an injury in a previous job, the long-term impact of which is only now coming to light.

Whatever your circumstances, we’re here to help you receive any compensation you’re fairly due.

Table of contents

What if I was injured in a work accident at a previous job?

Your rights to compensation don’t change if you’re no longer in the same job. This is true even if you chose to leave the job yourself. So long as the accident occurred within the past three years, and you can show it was caused by someone else’s negligence, you can still legally make a claim.

It might be, for example, that the long-term impact of your injury is now hampering your career and stopping you from continuing your profession elsewhere. In this case, you would be well within your rights to pursue compensation.

One more important point. If the company you worked for has gone out of business, be aware that this doesn’t stop you from being able to make a claim. No matter what the scenario, we’ll help you understand your options.

Can I claim compensation for a car accident if I’m unemployed?

Absolutely. If the accident was someone else’s fault, and you can show that your injury has stopped you from finding employment, you have just as much right to car accident compensation as anyone else. This applies whether you were involved as a driver, a passenger, a cyclist or even a passer-by.

On a related note, it could be that an injury sustained in a car accident has led directly to you having to leave your job. Should this be the case, we’d urge you to get in touch so we can offer you the advice you need.

Can I still make a claim if I’m receiving unemployment benefits?

Yes. You’re entitled to make a claim regardless of whether you’re receiving Jobseeker’s Allowance or other state benefits. But depending on how much compensation you’re entitled to, and your own personal circumstances, a successful claim can sometimes have an impact on the benefits you receive.

Many personal injury compensation settlements are relatively modest – £3,000 or under – but if the impact of your injury is severe, it could well be that an expert solicitor has secured you a significantly larger sum. If this pushes you over the income bracket for receiving benefits, the knock-on effect might see these benefits cut.

However, there are various ways of ensuring you’re not left in an unfair position – a personal injury trust, for example, can be a good way of keeping your money safe – and here at Direct2Compensation we’ll always help you understand the best solution for your own situation.

What sort of evidence do I need to back up a personal injury claim?

This very much depends on the injury at the centre of the claim, but speaking very generally, the more evidence you can provide, the better. As well as specific information about where and when the accident took place, it can be very helpful to have photos of the scene, contact details for any witnesses and records of any medical treatment. Depending on your case, full information on your career history is also likely to be handy.

Of course, it’s not always possible to gather detailed information in the aftermath of an accident, particularly if you’ve been badly injured. If you have a valid case but you’re struggling to obtain the relevant evidence, don’t panic – we’ll always do what we can to advise you on the best course of action.

How much compensation will I get from a personal injury claim if I’m unemployed?

Every case we deal with is slightly different, so it’s impossible to say until we’ve looked at the circumstances around the accident and the injury, and how these things have impacted your ability to live and work normally.

But to help you feel assured, we have many years of experience of dealing with personal injury claims, and our teams of advisors and solicitors know exactly how to maximise fair compensation for genuine claimants.

Can I claim for medical negligence if I’m unemployed?

This is a slightly separate issue – but an important one. In short, your rights around medical negligence are unaffected by your employment status. Medical negligence, or clinical negligence, is the term used when a healthcare professional breaches their duty of care: for example, through making a serious misdiagnosis.

If you find yourself unable to find work – or having to leave your job – due to medical negligence, we can help you to evaluate whether you’re in a position to make a claim.

Let us help

Looking to make a personal injury claim? You’re in safe hands with Direct2Compensation. Our claims process is transparent and effective, and you’ll have the peace of mind that comes with our no-win, no-fee approach.

To find out more, or to start your claim today, call us on 01225 430285. If you prefer, . After just a few minutes on the phone, we’ll have enough information to allow our solicitors to get your claim started.

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

Leave a comment or question

Please note we can only deal with claims within the UK legal system. Your question will appear once approved and we'll reply as soon as we can. Your email address will not be published, your name will, so feel free just to use a first name.

Comments & Questions

Read on for questions and advice about claiming...

Hi I was employed for 6 years as an electrician, but i had a RTA which left me off work for 10 weeks with a wrist injury & whiplash, after 10 weeks i was made redundant whilst off sick, but now im unemployed claiming benefits & my injuries are still stopping me working 18 weeks later, can i claim for 10 weeks loss or earnings or the full 18 weeks even though im currently unemployed?

Ian Morris

If your employer terminated your employment legally (i.e, they followed due process in the redundancy process), you won’t be able to claim loss of income for the period that you were legally out of work as you technically had no income for that period and would have received a redundancy settlement.


Yes I see what you are saying but I’ve never been out of work in the last 25 years and now I am as a result of the RTA, I think it is unfair as I would normally have got another job?

Ian Morris

We agree that this is not particularly fair. If your Solicitor can establish that the injuries you sustained in the car accident prevented you from being able to seek work for a period, you may then be able to obtain an additional element of lost income for that period.


Hi yes seems unfair to me as I’ve never been signed off before like this, thanks for the answer!

Ian Morris

You’re welcome!


Hello, I have had a car accident, it was the other drivers fault but I have a fractured shoulder and cannot claim through my car insurance. I am on ESA and standard pip. Would I be able to take out an injured claim on the driver.

Ian Morris

We can help! Our specialist Solicitors can pursue a claim against the liable driver to seek compensation for your fractured shoulder (and any other injuries sustained) on a No Win No Fee basis. Should you succeed (which would appear likely!), if the value of your settlement were to have an impact on any benefits entitlements, our Solicitors will be able to assist you in setting up a trust to ensure that you can legally retain any means-tested benefits you receive, whilst still receiving the appropriate compensation.


Good afternoon. I’ve recently had a heavy mirror fall on my toes in a shop, currently unemployed. Can I still put a claim in?

Ian Morris

Whether you are employed or unemployed is not an issue – you have a right to make a claim for compensation if you have been injured.

At face value, you would appear to have a valid claim. Please call us on 01225430285 to get further help. Alternatively, you can start your claim for compensation online.

Chat with us for friendly, expert advice 01225 430285