Employer responsibilities regarding injuries at work


Every company that employs staff is responsible for their health and safety whilst they are working. Whether this in the workplace or out on site, your employer should take the necessary steps to ensure that you are working in a safe environment. Health and safety laws are there to be followed to avoid accidents or injuries. If an employer does not have proper procedures in place, they can be prosecuted.

The government has a number of health and safety guidelines that must be followed and it is an employer’s legal obligation to ensure that these guidelines are implemented. If they haven’t been, then your employer is breaching their responsibilities.

Accidents in the workplace often occur when the proper procedures are not followed when carrying out an activity. This can sometimes be the fault of the employee but it can also be the fault of the employer. Employers have a legal obligation to ensure that all of their employees have had the right health and safety training so the number of incidents that cause injuries in the workplace can be reduced.

It is up to the employer to ensure that the work-related infrastructure is safe and free from any hazardous objects. The employer should also ensure that the working staff are provided with the necessary equipment to protect them while undertaking any strenuous activities. Your employer is responsible for carrying out risk assessments in the workplace and handling any aspects of health and safety. This includes allocating first aiders and providing training on lifting and handling office equipment.

After an accident at work

Your employer has a legal obligation to report any accidents that might occur in the workplace. Accidents are to be reported to the Incident Contact Centre of the Health and Safety Executive. Any accident regardless of how minor will need to be reported. It is the employer’s responsibility to understand the workplace accident, take the right measures, and provide the employee with relevant accident at work compensation.

It is highly important for employers to take accident at work claims seriously and provide the right compensation for the situation. An accident at work can be a major obstacle in the daily life of an employee. Thus, it is necessary to give an employee all the support needed to get back on his or her feet. Many a time, employees who have had an accident at work need to take leave and time off to recuperate from their injuries. In a situation like this, it is highly important to provide employees with adequate relief measures.

As an employer, it is also your job to explain to your employee how he or she is to claim and what kind of documents and certificates will be needed to claim correctly. You should typically employ a claiming service that will understand and uphold your rights, and impart the best advice to the people concerned.

What to do if you are injured at work

All employees should be trained and be aware of health and safety laws so that accidents don’t occur. However, if you have suffered an accident because of your employer not giving you the necessary health and safety training or because they have failed to implement health and safety laws, you will be entitled to seek compensation. If you been injured in a work related incident and your employer is taking no responsibility for the injuries you sustained, even though you believe that your employer was at fault, you need to speak to a solicitor sooner rather than later to get a compensation claim sorted.

Although you have three years in which to put in a claim for any personal injuries that you may have sustained during an accident either in public or in the workplace, it is always best to do it sooner rather than leaving it and the event being forgotten about. In order to ensure that you are going to get the best possible outcome for your case and also have the expertise of a solicitor who knows what they are doing, you should find a solicitor who specialises in accidental injury claims.

They can tell you whether or not you are entitled to claim for compensation and be able to give you advice about whether or not to pursue a case for compensation against your employer. Your solicitor will work for you on a no win no fee basis to ensure you get the compensation you are entitled to. They will negotiate on your behalf with your employer to reach a settlement.

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  1. My line manager purchased a rubber sleeve to fit over the pan handle when cooking, this slipped off and the contents of the pan burnt my foot. The company was not aware that the line manager had brought the rubber sleeve into the workplace, all staff at the site knew that the rubber sleeve could slip and slide so who is responsible ?

    • The line manager has clearly made a decision off their own bat and apparently caused a risk of injury to you. In this case, the employer carries an overall responsibility and any claim would be made against them. This is something we would be happy to help you pursue. Please use the ‘start a claim’ page of our website to make further contact with us and we’ll look in to this matter for you.

  2. Hi. I had accident in warehouse I slipped on something that had not been cleaned up. Resulting in a broken wrist.

    • If you have not already done so, you should pursue a claim for compensation for the injuries you have sustained and the losses you have incurred as a result of your broken wrist.

      We would be very happy to pursue your claim for you and suggest that you visit the ‘start a claim’ page of our website and make a formal enquiry so that we can call you to help you take this further.

  3. Hello,

    I have recently been involved in a serious fall down into the cellar at work due to a faulty ladder, I’ve was initially off for two weeks but upon returning to the doctor I was booked off for a further week as my recovery was not satisfactory.
    I was paid the first two weeks in full but for the third week I have only been paid statutory pay without being notified that I would not receive full pay.

    Should the company not be paying me out in full for the duration of my recuperation?

    This has now put me in a bit of a financial situation not to mention the added stress ontop of the injury and now worrying about my finances.

    • UK law does not require your employer to pay your usual salary whilst you are off work, indeed you are only entitled to SSP unless you have a specific contractual arrangement that entitles you to sickness pay.

      Losing income as a result of being off work due to an injury sustained in a non-fault accident is one of the biggest motivating factors in people looking to pursue a claim for personal injury compensation. In your case, if you make a claim for compensation against your employers liability insurance cover (something all UK employers are obliged to have in place), you could recover compensation for the injuries you have sustained but importantly you could also recover ALL lost income – both previously and any future loss of income if relevant and costs for medical or rehabilitation therapies.

      You describe an accident at work that would lead me to give an initial view that you have a valid claim for accident at work compensation and that you should seriously consider making such a claim via our No Win No Fee service. Please call us on 01225430285 or use the ‘start a claim’ page of our website to take your claim further.

  4. Hi sir
    I had accident work at my job in international country ,I am personal chef in Florida and my boss ask me to go with him to Bahamas and when I arrived to the destination I am falling down in the stairs and I Twisted my ankle..
    I went to hospital and they cover my foot for 3 weeks .the second days after my accident my boss asked me to work with my injury and I was surprised he ask me that and not to stop to work .. since few days I workin with my injury with a lot pills pain killer and I come back next week to Florida ..
    I am very piss off what this situation because I scary to say no to my boss ,I don’t want to be fired and always he is piss off because I don’t give him the 100% satisfaction.
    What is my right ?

    • Given that you were not injured whilst in the UK, UK personal injury law will not apply to your situation. As such, we cannot advise you.

      I would strongly suggest that you make contact with specialist Personal Injury lawyers in Florida (and possibly also the Bahamas) to discuss your rights with them.

  5. I had an accident at work where my foot slipped on a bit of debris plastic then my leg going under a trolley I was pulling. My leg went one way and my body went another resulting in my knee being locked. I’ve tried to go back to work but my knee keeps locking so I’ve had to take time off while the injured knee is investigated via scans. While I’ve been off my employer has not been in contact and payed me minimal sick pay. It has been put in the accident book and they have installed a cover to stop anymore plastic debris coming from the machine.

    • Having taken your description of your accident at work at face value, my initial view is that you have a strong claim for accident at work compensation. Whilst your employer has paid minimal sick pay, that is their legal right. Indeed, the only way you can recover lost income after an accident at work in the UK is by succeeding with a claim for compensation against the employers insurance cover. At Direct2Compensation we are experts in accident at work compensation and would like to help you pursue a No Win No Fee claim for compensation. Please use the ‘start a claim’ option on our website to make further contact with us and we’ll then pursue this matter for you.

  6. I had an accident at work yesterday , we work on aisles in a warehouse where there is racking at both sides with A4 boxes 5 high filled with heavy files, an employee in the next isle was on steps on top shelf and ended up pushing the box to far and it came tumbling down on top of my head. Went to tell supervisor and first aides came and I ended up at the hospital for CR scam which came out ok. Was sick twice in the night got up to go to work but my head was banging phoned work told me to go doctors. Doctor gave me sick note for a week and said not to go in work. I work for an agency and they said I will not get paid for the first 3 days then I will get SSP. It was their fault and I thought I would still get full pay but they said no. Can you advise?

    • You have a valid claim for compensation. The fact that boxes can be pushed over the edge of racking from the other side would indicate that there are insufficient safety measures in place at the workplace.

      Your employer is correct in that they don’t have to pay you your salary. As such, we could help you recover compensation for the injuries you have suffered and also recover all lost income caused by the accident at work. Please use the ‘start a claim’ page of our website to get your claim for compensation and loss of income recovery started.

  7. i work nights at a supermarket filling shelves. the heavy lifting to get things on the top shelves which are above head height have caused me to be diagnosed with carpal tunnel syndrome in both wrists and tennis elbow in both elbows. what rights do i have? i am on light duties but to be honest even these are causing me pain in my wrists and elbows. i am worried about losing my job.

    • You can claim compensation for repetitive strain injuries such as carpal tunnel syndrome if it can be shown that the condition has been caused by employer negligence. In your case, you have been diagnosed and are receiving treatment. As such it may be possible to claim compensation for the symptoms you are suffering with. Please use the ‘start a claim’ page of our website and we’ll then be able to help you further.

  8. I had to move stock in heavy cages around the store on my own for four days a few weeks ago. I have really hurt my shoulder and am still attending work and desperately trying to get a doctors appointment. I am a small 50 year old woman and have told my boss about the pain I’m in and my inability to perform the normal tasks I do and that it’s unnacceptable that I was expected to move the cages on my own. Even though they’re ok with reduced tasks at present they are not taking responsibility. I didn’t put it in the accident book as it wasn’t an accident as such, but I have damaged my shoulder somehow. I just need to know what my right are please

    • It would be wise to make sure that your verbal discussion with your Manager about the injury and it happening through moving heavy cages alone at work is also made in writing. Having a written record of any work related injury is an important way to protect your interests going forward. In your case, you would not have been immediately aware of the injury and most likely felt it after a few days of such work and this would explain why you felt no need to make an accident book entry. Therefore at this stage, we would recommend that you do record the details.

      With regards to a possible claim, you certainly can attempt to pursue one and we would be happy to assist you on a No Win No Fee basis. Whether or not your claim would succeed would depend on the weight of the cages and what training you have been given by your employer in safe lifting and working safely with items of weight.

      If you would like to take this further, please use the ‘start a claim’ page of our website and we can then call you to discuss your situation and offer you detailed advice regarding this situation.

    • Technically UK employers should provide a copy of an accident book, but there are no specific regulations to enforce this. However a lot of employers and companies will decline to provide a copy of an accident book report. There is nothing in the Health & Safety handbook about reporting accidents which says they must disclose a copy of a report to an employee just that records must (should) be kept of any accident at work.

  9. My friend has had a op on her in grown toe nail and she’s unable to put a shoe on her employer has told he she has to go in regardless and said to go in with just a sock and she works in a bar and kitchen can she take this further ?

    • The employer can request attendance at work, but given the nature of the ‘injury’ and type of work, it is not really appropriate for her to work behind a bar without shoes on. Clearly, the risk of damaging the toe further or getting infection is increased by working without appropriate footwear. The best course of action would be for her to seek a Doctors note to provide a period of 7 days as signed off work due to medical reasons.

  10. Hi I was working at work and I’ve stepped out of the van and onto the edge of a pothole gone over and tore a tendon the manager rushed me to hospital as I could stand on it and it was huge now there saying the hole wasn’t big enough but I went to work the following day and they had filled it in them self’s I had a company looking into this but there not contacting me now it’s suffered a lot from this and I’m sure there responsibil regards jonathan

    • Do you have any photographs of the offending pothole? If so, it could well make all the difference in any possible claim for compensation.

  11. Hi, I got a question about travel to the hospital. Is that allowed that injured person is taken to the hospital by spouse working in the same company? Or an employer should provide a transport? Are there any regulations on it? Thank you in advance. Kasia

    • Under UK law there are no regulations regarding who should take someone to a Hospital. Employers would have a responsibility to ensure that they do not obstruct medical access, but whether the injured person attends hospital by way of an Ambulance, the employer driving them or a friend, relative or spouse taking them is a matter for the individuals to decide.

  12. Hi. I fell from a stepladder, falling 7 feet. Paramedics were called and diagnosed a sprained ankle. I was left walking on it in pain with elbow crutches. My GP was not able to give me an appointment so I was diagnosed on the phone by them also saying I had sprained the ankle and was advised to cool it with ice packs. I went to A&E where an x-ray confirmed a complicated spiral fracture to the tibia, ankle bone and joints. Due to the injury, Surgery was recommended.

    I was seen by a Doctor a few days later, but their opinion was not to operate and to leave it to heal it in a cast for 6 weeks. I am currently off work and thinking what else will come! I need to mention that the stepladder was one year old equipment left by a wedding guest who used it as table plan. It was fully functional and big enough to use it when drapes were required in function room and the managers were ok with it – until now and they have put the stepladder in the bin and left me on the sofa with broken bones!

    • Given your injury, it would be sensible and fair to make a claim for compensation against your employer. As you were expected to work at height, the employer needs to have provided the correct training for such work (ladder use) and also to adequately risk assess the work and provide safe and secure equipment to enable you to work safely.

      We would be very happy to pursue your claim with our specialist personal injury Solicitors and look forward to speaking with you.

  13. If I’ve had a accident at work and the injury is ongoing and after my employer sends me to an occupational health advisor and is suggested that it would be unsafe for me to return to work and my employer decides to dismiss me from my job what am I entitled to?

    • In the scenario you describe, your options to seek some redress or compensation for the implications of this to your future is to pursue a claim for personal injury compensation. As you were injured in an accident at work, you can make a claim for accident at work compensation if the cause of your accident rests with employer negligence or the negligence of someone else.

      If your injuries are such that you are unable to continue with the work you have previously undertaken, the value of your compensation settlement will include a sum for the severity of the injuries and also recovery of all lost income, including future loss of income.

      It would be wise for us to speak with you regarding your accident at work so that we can ascertain whether or not you could pursue a claim against your employer. Please use the ‘start a claim’ function on our website to make further contact with us, or call our expert staff for help.

  14. Hi I recently had an accident at work, where the forklift driver pushed a big stil full of metal parts. And it crushed me againist a drill bench, I worked the remaining part of the week and the following week, even though I was in a lost of pain, and very distressed as they recently laid my partner off work, so financially I felt obliged to work. I’ve now been to the hospital, and be diagnosed with fractured coccyx so I’m currently off work with serious pain and limited movement. Do I have grounds for a compensation claim, as I feel it was there fault, and there wasn’t any safety involved. Many thanks

    • You definitely have a valid claim in this matter. For the forklift driver to knock an item over and push it in to you indicates that they have made a mistake. As such, you have every right to make a claim.

      Please call us on 01225430285 or use our ‘start a claim’ page to get the ball rolling. We can pursue a No Win No Fee claim for you to recover compensation for your painful injury and also ensure that if successful, you will recover all lost income and incurred costs caused by this accident at work.

      We look forward to helping you make your claim for compensation.

  15. I burnt myself at work (2nd degree burn.)
    The manager on shift’s first aid certificate ran out so he didn’t record it in the accident book.
    The next day a more senior manager redressed my burn and we had an informal discussion about what duties I could still carry out as I work in a kitchen so was wary of anything too hot/wet or dirty.
    Another manager asked me to do one of the jobs that I had been told not to do, and we argued about it.
    I am now suspended and facing dismissal for gross insubordination. This doesn’t seem right considering I only refused to save myself further Injury/infection.
    What are my rights here?

    • Under UK law it will depend on what your Doctor has stated as being appropriate work or anything you must avoid. Essentially, if you have been deemed first to work, your employer is able to instruct you to perform any duty that you are able to do – but under UK law, an employer cannot cause you to worsen an injury or risk your health.

  16. I get injured at work on 26 nov2018 they give me compensation for occupational injuries form,I am general worker but on 26/11/18 they give me the machine to operate without training so I got injured and and now they put emergency things on that machine I was working,are they going to pay me or not.

    • Under UK law, an employer is obliged under the Health and Safety at Work Act to ensure that all staff using potentially dangerous machinery are adequately trained and competent in using the machine. Further, the machinery must have the required safety guards and emergency stop mechanisms fitted. If this was not the case at the time of the accident at work, the employer would be liable and negligent under UK law.

  17. Serious injury on Wed 3 fractures to shoulder, scapula actually broke off arm. Employer wants me to return to work to answer phone. I am unable to dress myself, plus taking narcotics. ER doc advised me to see an ortho doctor. Company refused. They want their little clinic to sign off on return to work, i am in serious pain and need help.

    • You should speak to the employer to explain that the pain and discomfort is too much to enable you to work and if your Doctor says you cannot work, you should not work.

  18. I work for a car garage as a valet and am supplied with a pressure washer and vacume to do my job however it has recently come to my attention that the vacume is not designed for outdoor use (I have no shelter in which to do my work) so gets wet from rain and spray from the pressure washer. My employer wouldn’t pay for a proper one if I asked so thought I would ask on here to see if there was anything I could do if I ended up getting a shock from the equipment.

    • Electric shocks from work equipment should not happen and employers are obliged to do all they can to minimise the risk of such injuries. To this end, it is imperative that an employer ensures that only the correct electrical equipment is used for the right work and in the right circumstances. Further, an employer must ensure that electrical equipment is safe to use and regularly checked for any possible faults.

      In your case, your employer is putting you at risk of an electrical shock injury and you do need to put them on notice of this possibility by informing them that the electrical equipment you are asked to use is getting wet. You should do so in writing and then it is on record that such a report of a possible hazard has been made.

      Of course, should you then go on to sustain an electrical shock injury whilst working due to employer negligence, you could use our ‘start a claim’ page to pursue your legal right in making a claim for compensation.

  19. I was injured at work and put on light duty. Then I was re-injured while on light duty because my supervisor had me do something outside of my restrictions. Shouldn’t my job be help responsible for this? They are now trying to put me out with a medical qualification

    • As you were injured at work, your first consideration should be whether you can hold them responsible for your injuries and if so, pursue a claim for compensation. Under UK law, employers have a legal obligation under the Health and Safety at Work Act to provide a safe environment for workers and to ensure that the risks of injury are minimised as far as practically possible.

      In your case, you need to consider how you were injured at work and whether or not you can hold your employer liable for the incident that lead to your injuries. Perhaps your employer has been negligent and not provided sufficient training, support or failed to provide the correct equipment needed to enable you to work safely?

      Under UK law, if you can successfully pursue a claim for compensation for the first injury and possibly for the subsequent worsening of that injury whilst on light duties, you would potentially be able to recover a considerable settlement as it seems as if you are no longer fit to work and would be able to recover future loss of income as a result.

  20. l am a parking marshall and was hit by a car whilst on duty leading to a fracture. I was operated on and have a plate inserted in to my leg.

    My employer took assistance of all my medical bills but are now refusing to sign my accidental workers compensation form. They claim they are the ones who payed my bills so the compensation should be awarded to them! Is this possible? I understand they know nothing concerning this and can they be a life time compensation since this is a permanent injury?

    • Your employer maybe entitled to recover some of the costs that they have paid, but they would not be entitled to keep any element of compensation made towards you for the injury you have sustained and any future repercussions associated with that.

  21. I am a window fitter and have recently snapped the main tendon in my arm. I have had an operation to re attach the tendon but will be off work for up to 20 weeks. The window was to heavy for one person but was told there wasn’t anyone to help lift it. I am employed and would normally get statutory sick pay. Due to the circumstances should I be paid full pay whilst I am off?

    • The scenario you describe would indicate employer negligence as the window you were tasked with lifting was too heavy for safe lifting and your employer should not have expected you to lift it alone without assistance. As such, you should consider making a claim for accident at work compensation – something we are more than happy to help you with – as you have a strong prospect of succeeding with a claim in this case.

      Unfortunately, UK law does not require an employer to pay an injured or unwell employee their usual salary whilst they are off work – even if the injury or illness was caused by employer negligence. As such, most employers simply place absent staff on to statutory sick pay (SSP) whilst they are absent, causing a considerable loss of income.

      To this end, your only legal way of recovering your loss of income is to pursue a claim for compensation against your employer. If you would like to discuss this further or wish to make a claim, please use our website to request that we call you at a time that suits you or you could call us on 01225430285.

  22. Hello Ian,
    I’ve suffered a work accident where both parties me and my employer could be blamed. As an outcome I have a torn ligament in my right forearm. I’ve returned to work within 4 days after the incident. Have been working since however I am in constant pain. I was repeatedly asking for any sort of medical help possible from my company. Not much luck. Only a signed form been sent to occupational health. My employer seems to leave me absolutely alone with my struggles. I don’t want to use my ‘sick pay’ in case of an event of surgery I am facing (according to the muscle specialist report). What am I supposed to do in this situation?
    Thank you

    • The employer is not liable to provide any medical help as that will be provided by the NHS or your own privately funded medical professional. The employer must allow you to seek any relevant medical attention and attend any prescribed courses of treatment or therapy sessions.

  23. My mother was injured at a nursing home by a patient. Took a blow to the knees. She reported it immediately and asked to get sent to see a doctor. They refused to send her and she asked again same day because she had no health insurance. They said no and made her sign a paper that supposedly said they are not sending her. Turned out the paper said she refused to go to the doctor. She is in pain every day and had to quit the strenuous job. Can she do anything about it?

    • If the care home have failed to adequately protect your Mother and other residents from the risk of injury by a fellow patient with a known history of agression she could seek to make a claim against the care home on a breach of duty.

  24. Your web has proven really useful to me and given me the confidence to pursue my claim for personal injury compensation. Thank you!

    • Thank you for the positive feedback. We have worked hard to make sure that our personal injury compensation website offers a valuable resource for people in your position.

      If you have any further need for help, or would like to discuss your claim with our expert staff, please do not hesitate to call us on 01225430285.

  25. Can an employer force and employee to go to hospital following an accident? Is it just a case of recording that advice was provided and refused, and that if necessary the employee was removed from duties for that day

    • Nobody can force any person to go to Hospital. Of course, an employer can recommend that an employee should go to Hospital and they should record the details of any such conversations within the accident book record taken regarding the actual accident.

      An employer does have an obligation to make sure that any person who is injured and not fit to be at work is not at work.

  26. Hi I had a industrial injury at work and as a result injured my shoulder . My employer allowed me to work an alternative role which I have been doing for several years . They are now re appraising the role and saying unless I can go back and work in my old role , I will have to take a large pay cut . Can they do this ?

    • Although you were injured in an accident at work, the issue you now have is no longer a personal injury matter but requires the advice of an employment law specialist.

  27. I have suffered sciatica due to the lifting of bags that must weigh three or four stone repeatedly whilst at work. One of the main problems is the height that the bags need to be lifted to put in the communal bin. I drive a dustcart and my job description is loader/driver.

    I needed four weeks off work and then went back and told my boss that I needed light duties as I still haven’t recovered and that I won’t be able to do bin lift for a while. However, I was put back on bin lift on my first day back. I am refusing to lift/push or pull anything but they keep telling me I have to get out and help, I gave my notice out of anger and now they won’t let me retract it. They are trying to force me to do the work that caused my siatica in the first place. Does my employer have no responsibility to give me lighter duties?

    • Employers are not obliged to provide light duties, but they must see if there are such light duties available. If there are not light duties available, the employer should allow you to remain on sick leave until you are deemed fit to work (unless a sufficient period of ‘sickness’ has passed and you are still not fit to return in which case they could seek to terminate employment on the grounds of ill health).

      If your case, the way your employer is tasking you with lifting heavy items may be in breach of safe lifting requirements and even if you had received manual handling training, you may not be able to follow such training due to the working environments and methods of operation and cannot therefore lift safely. As such, you are likely to have a valid claim for work accident compensation.

      Why not speak with us for further advice about your situation as you may well have a valid claim. If you would like some further help, please call us or use our ‘start a claim’ page and we can call you to offer advice, support and if applicable, start your claim for compensation.

  28. I got injured at work. A works driver took me to the hospital but no one accompanied me and the driver left me there without anyone to look after me. I was in a wheelchair. Is this right?

    • In UK law, there is no legal obligation for an employer to accompany an injured worker to Hospital and stay with them at the Hospital, so unfortunately it is ‘ok’ for an employer to do this. However, you would have thought that it was reasonable to expect the employer to make sure that their injured worker was ok and that it would be sensible and the right thing to do for someone to remain with the injured person.

  29. I have been a postal worker for 10 years and have had a bad back for 8. It has recently got so bad that i am now off work and have been for 6 weeks. It is not from a particular incident, just years of carrying heavy bags. There appears to be no occupational therapy and no help with physio and the union are being useless. I am desperate to get back to work but am getting no help. They just make threatening phone calls. Are Royal Mail obliged to help with my treatment or at least refer me to an OT? Would I have a claim for a low level long term injury?

    • The employer ought to be referring you to an occupational therapist on the basis that you are alleging that your injury/pain is being caused by the nature and conditions of your work. You should contact the HR department to pursue this further.

      With regards to a claim against the employer, you could struggle here as there is a strict time limit relating to make a claim. In answer to ‘how long have I got to make a claim’ the answer is 3-years and the 3-year limitation date starts on the date of an accident or the date at which you became aware of an injury. As you have been suffering with symptoms for 8 years or so, this could present problems in your case.

  30. I recently had an accident at work. I slipped on a loose / poorly fitted drain cover. I have submitted a personal injury claim as a result. i was paid in full for the time I was away from work recovering from my injury. After my employer found out about the claim, there has been the suggestion of not paying me my full wage and I get the impression that they want me to withdraw my claim and are very subtly trying to get me to do so. This is making me feel like they are using this against me and has all the hallmarks of seeds sown in a constructive dismissal. What is your view on this ?

    • If your employer paid you in full whilst you recovered from the injuries sustained in your accident at work, that is a good thing. The fact that you received pay in full would indicate that your contract with them entitles you to such arrangements. If this is the case, they cannot seek to recover that from you at a later date. They can however reach a time where they no longer have to pay you your full salary if you are unable to work due to your injuries. There is no legal obligation for an employer to pay full salary to employees who are unable to work through illness or injury – even if that injury was suffered in an accident at work. The standard practice is for workers to be placed on to Statutory Sick Pay (SSP). In such cases, a worker can seek to reclaim their loss of income by way of making a claim for accident at work compensation and if successful, recovering lost income and costs through a special damages part of her claim. Whilst it can make it hard for staff having to cope with a loss of wages after an accident at work, at least they do have the right to seek to reclaim them during the claims process.

      You must remember that you have a legal right to make a claim for compensation against your employer if your injuries were caused by the negligence of your employer. As your claim is progressing and being pursued it would appear that you have a valid claim for accident at work compensation and as such, your employer has no right to pressurise you in to dropping the claim and making you feel guilty about exercising your legal right to seek a settlement award to cover your injuries.

      It is common for people claiming compensation against an employer to feel anxious and concerned about how their claim may affect their employer. With this in mind, it is understandable that you feel vulnerable and it is likely that your concerns are unfounded. However, if you have genuine concerns that your employer is trying to force you out you should seek legal advice from an employment law specialist at the earliest opportunity. You should also raise your concerns with the HR department of the employer.

  31. had an accident at work may 2016 lifting boxes on to a loading bay felt as though my arm had dislocated reported to my boss who recorded the incident after physio and painkillers was sent to a orthapedic specialist after more painkillers (injections) it was decided a shoulder replacement was needed as a last resort for quality of life and hopefully pain free mobility. Am currently off sick, but my boss has said my sick pay will end this month. I am not allowed to drive till the end of november and then not sure if I will be allowed to lift,push or pull boxes about so may have to be on amended duties does he have to pay full sick pay till the doctor say I can return to work or can he put me on ssp

    • Unfortunately, your Employer has no legal requirement to pay you your usual full income if you are unable to work – even if the reason for your inability to work is that of a workplace injury. Therefore, your employer is acting legally in putting you on to SSP (as long as your contract does not state that you receive full salary even whilst sick for as long as you are off – which is unlikely).

      Dealing with a loss of wages due to an absence from work is a big problem for many people who are off work due to an injury or accident at work. Sadly, the only way to recover any lost income caused through an absence at work is to succeed with a claim for compensation. In your case, you could possibly pursue a claim against your employer but you would need to be able to identify an area of employer negligence to succeed. With regards to your injury, it would appear to have been caused by a repetitive strain rather than a one-off single incident. With this in mind, you may have grounds to pursue a claim against your employer if they failed to provide you with manual handling training, the correct tools to ensure that you could work safely or adequate breaks and rest periods.

      If you would like to discuss this with us at all and find out more as to whether or not you have a valid claim for accident at work compensation, contact us on 01225430285.

  32. Hi. I had an accident at work recently on the table saw at work. I lost the top half of my thumb (which could not be saved) and sawed down through the lower part of the thumb into the knuckle which got that joins the palm ( this knuckle was also destroyed). I’ve had plastic surgery and they’ve done good job- but even if it recovers well, I’ll be left with a short disfigured thumb that won’t move. I’m wondering whether I should claim? The saw should have a guard on but hasn’t for at least the last 10 years, they haven’t been serviced either in that time….there are jobs that we cannot do with the guard on so we leave it off. Nobody has ever told us to put it back on even though I know it should be on. I felt it was all my fault as there is a push stick I could have used and a guard I could have put on-but I didn’t. I love where I work, have a good relationship with the boss, and I don’t want to land them in so much trouble that they have to shut down, but I look at my injury and feel like I want compensation for it.

    • Your attitude towards your employer is laudable and it is good to hear that you like your workplace and get on well with colleagues and Management. However, you have suffered a horrendous injury and lost part of your thumb and the use of a vital part of your grip strength and dexterity. You mention that you feel partly responsible for this accident, but in my view you should not. The very fact that a safety guard has been removed by the employer and that the employer has turned a blind eye to this rather than doing the right thing and ensuring that the guard is on and that a machine capable of doing the work safely was purchased is a prime example of employer negligence.

      My view is that you do have a viable and valid claim for accident at work compensation and you should not be concerned that any claim would cause your employer to close down. The process does not work that way. Any claim would be made against your employers insurance cover and whilst they may have a small excess to pay on any claim against them, it would not unduly damage the business.

      Given the severity of your injuries, I would strongly recommend that you make a claim for compensation. You have lost part of your thumb and the use of the remainder of your thumb. This could greatly affect your ability to work in the future and you should bear that in mind as that could be very relevant in any claim for compensation that you opt to make. Please email your contact details to me (ian@direct2compensation.co.uk) or call us on 01225430285 so that we can have a brief chat about your situation and talk through a potential claim with you.

      • Thank you for getting back to me so promptly. The guard wasn’t removed by the employer, it will have been removed by one of the workers, could even have been me, but it’s over 10 years ago so it’s difficult to say who. Would this make a difference to a claim? I feel sorry for my employer as she only bought the business 2 years ago as an investment when my old boss was retiring and selling up. She has bought a business that has fallen well behind with health and safety I feel. It’s in my interest that the company continues too as I’m hoping to return as I’ve been there for almost 30 years.

        • It really doesn’t matter who removed the guard, the fact that the employer has failed to ensure that health and safety regulations are adhered to would indicate that they have been negligent in that respect.

          I appreciate that you feel sorry for the business, but it is not your responsibility to bear responsibility for their health and safety failures. The choice as to whether or not you should make a claim for compensation rests with you and you alone. However, as I said earlier, the extent of your injuries and permanent implications of the damage to your dexterity and grip strength is not something that you should ignore. You have a maximum period of 3-years from the date of your accident in which you can seek to make a claim for compensation.

          We would very much like to assist you if you do opt to make a claim and as such, I look forward to hearing from you.

  33. I had an accident at work tripped over metal shelves left on the floor and fell backwards on to a concrete floor but have no memory of hitting the floor only seeing a co worker after the fall. I had a muscle spasm in my neck and also a deviated jaw I’m now taking medication for anxiety. Just before my accident I just finished a return to work interview with my manager where she accused me of lying and put it through unpaid . I had a phone call (after calling four times the previous week to keep them up to date on my recovery) from my line manager stating “what’s going on” if she didn’t hear from me it would be unpaid. I didn’t call that morning as I wasn’t sleeping well through the night and was later to rise. I felt anxious and tried returning to work but once there felt light headed and anxious so my doctor gave me a further line for 1 week I then thought about returning to work but was anxious and upset about returning after being accused of lying by my manager at my previous return to work so I felt the issued needed to be addressed and phoned to sort things out internally and spoke to the senior manager who asked me “why had it taken three weeks out of the blue to come up with this? I explained that the reason I hadn’t mentioned it before was because it happened just before my accident ( she was aware off my accident) also said “I would not dictate who done my return to work but to come back and discuss the matter with her, I felt she was hostile towards me and felt stressed and anxious went to the doctor and he has put me on medication to deal with anxious .

    • It certainly sounds as if your employer has treated you unkindly and applied unfair pressure on you with regards to your absences from work.

      With regards to the accident you mention where you tripped over metal shelving units that had been left on the floor of your workplace, we feel that you have justifiable grounds to pursue a claim against your employer for accident at work compensation on the grounds of employer negligence. Employers and workers have a strong duty of care to ensure that any workplace is safe and that any risk of injury is reduced as far as possible and that where risks of injury remain present, that adequate hazard warnings are erected.

      In your case, I can see a legitimate argument in your favour against the employer that the shelves were left on the floor of the workplace and were not cordoned off of marked with any hazard notices.

      Given the attitude that your employer has shown towards you, I would imagine that you do not hold them in the highest esteem. With that in mind, you may wish to further pursue a claim for compensation for the injuries you sustained to your neck and jaw in this fall at work. We would be happy to investigate your options for you and look to see if we can help get your claim up and running. You can call us on 01225430285 or email your contact number to us via justice@direct2compensation.co.uk at any time.

      We look forward to speaking with you.

  34. I had an accident at a training venue 150 miles from my place of work. I did not take a picture of the broken path and Im now back at my normal place of work.

    Can I get employees there to take pictures of the accident site? Or are they not obliged too?

    • You should definitely ask someone to obtain photographs for you. There is no reason for them not to do so.

      Any photographs showing a tripping hazard or defect in a footpath should ideally include visible measurements to reflect on the size of the hole or height of the tripping hazard that caused the accident. As such, it would be helpful if your colleagues could take a clearly marked ruler/measure with them to hold against the edge of any hole or side of any tripping hazard. If they do not have anything suitable available, placing a 50p piece against the edge/side of any hazard is the next best thing.

      I would suggest that you direct any colleague you ask to get photographs for you to this page of our website as it contains really helpful tips and examples of how to present photographs showing clear measurements for use in a claim for tripping accident compensation.

  35. I had an accident at work and needed to go a&e but they sent me on my own, should i have been accompanied by someone?


    • There is no requirement for an employer to accompany an injured worker to Hospital, but you would expect a caring employer to want to make sure that their injured worker is ok and to make sure that they have arrived at Hospital safely.

      For more information about employer responsibilities after an accident at work, read this article that I wrote covering this subject.

      If you would like to discuss the details of your accident at work any further, or get some further advice as to whether or not you have a viable claim for accident at work compensation, call us on 01225430285 or go to the ‘start your claim’ page of our website.

  36. my husband had a fall at work breaking 2 ribs and his wrist. His company have accepted liability What information on my caring of him do they need?

    • The employers will only need information on what care YOU have provided for your Husband if you are claiming costs for this by way of a claim for personal injury compensation after an accident at work. In such cases and in any claim for personal injury compensation, you can claim special damages as well as compensation for the pain and discomfort of the injury itself. In a special damages claim, you can claim costs for care/support given by a loved one (usually a spouse) or friends who have provided time to help an injured person during their recovery when they cannot work or live as normal. Things that can be included would be days taken off work by a partner to provide care or for time taken off work to drive someone to and from Hospital appointments etc.

      For more information on special damages claims, read this article

      I hope that this answers your question, but if not, please call us on 01225430285 for further help.

      Yours sincerely


  37. Hi i am an employer, I have a worker that works from an office above a pub, he needs to climb a staircase. He often is there on his own and he walks with a frame. I have often seen him coming down the stairs on his bum. I am concerned he will have an accident am I able to ask him to sign a disclaimer that acknowledges his awareness of the risks and therefore will not bring a claim if he does fall?

    • Janice

      If the staircase that your employee has to climb is free of hazards and in full and well maintained repair, you probably have nothing to worry about.

      However, as you have noticed that he has mobility issues and you have concerns about his safety in using the stair case, you would be wise to have a minuted meeting with the employee where you raise your concerns and ask them further about their ability to use the stairs safely. From there, you have 2 choices, either allow him to continue using the stairs or prohibit this and either find him an alternative workstation where stairs are not required or terminate his employment.

      It is hard for me to advise on this, but I would strongly suggest that you speak with your employer liability insurers to discuss this issue and get their advice.

      Yours sincerely


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