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

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Here we look at your rights and what to do if you’re injured at work in the UK, and whether you can claim compensation.

If you’re thinking about making a work injury claim, we can help you to approach things in the right way so that all parties are happy to get a claim resolved. Often you can be torn between loyalty to your employer and the need to look after yourself. Knowing your legal rights, where you stand and what your employer’s responsibilities are, will help you both to see everything more clearly and avoid misunderstandings.

Table of contents

I was injured at work, what are my rights?

In the UK, you have the same legal rights whether you have been injured at work, are suffering from a work-related illness, or a condition such as carpal tunnel syndrome, for example. It is important for you to understand your rights so that you can confidently manage your recovery and working future.

The law says all employers have a duty of care to protect the wellbeing of their employees – it doesn’t matter who you work for or what you do, whether you’re a temp working for an agency, full-time staff or self-employed.

Your rights include being able to:

  • Receive medical attention
  • Report and record your injury
  • Attend future medical appointments
  • Take time off to recover
  • Seek lighter duties

Importantly, if it can be proved your employer has been negligent and you were injured as a result, one of the rights you have is to make a no win no fee personal injury claim. If you want to claim for injuries after an accident at work, our experts can quickly let you know if you have a case.

When you can make a work injury claim

Just because you have been injured at work, it doesn’t necessarily mean that you will be entitled to make a claim for personal injury compensation: Your injury must be severe enough; happened within the last three years; and your employer must be at fault.

What injuries can you claim for?

Your work injury has to be severe enough to provide a sufficient level of ‘quantum’ for a claim to be placed with a no win no fee solicitor. To ensure that the injury value is sufficient, it is usually the case that an injured employee will need to have suffered for a period of 4 weeks or more. You have a good chance of claiming compensation if any of the following apply:

  • You are still receiving treatment for a work injury or illness.
  • You have taken time off work to recover.
  • You have been unable to return to work doing the same job or hours.

Note that the injury need not be new – you can also claim if working conditions or an accident at work made a pre-existing injury worse. You may even be able to claim if you are partly at fault, in what’s known as contributory negligence or split liability. Claims can even be made if a company has ceased trading, merged or gone in to administration.

Every injury has its own unique circumstances, and no two are the same. Therefore, it is vital you seek proper advice so that you know whether or not you have a viable claim.

How to know if your employer is at fault

In most cases, it is relatively easy for us to evaluate the likely outcome of a claim. We’ll work out if it can be proven your employer was liable for your injury, failed in their duty of care, and therefore is responsible for compensating you for your injuries and any other losses. Here are some basic pointers that can help you identify where you stand regarding the strength of a claim or otherwise:

  1. Have you had proper training? (this could relate to manual handling or other job relevant training).
  2. Were you given an induction to the workplace? This would include guidance on accident management protocols, safety exits, hazard avoidance etc.
  3. Were you provided with, or advised what PPE you should use to complete your job safely?
  4. Did your employer allow you to work with faulty equipment?
  5. Were you told how to report injuries and how to access the accident book?
  6. Was your environment safe? For example, was it free of hazards that could lead to a fall at work?
  7. Did your employer act upon reports of potential risks of danger to employees?

Furthermore, your employer must follow these laws to reduce the risk of staff being injured at work:

What to do after an injury at work

Below is a basic plan of action you should try to follow if you’re injured at work. This will also give you the evidence you need to make a claim:

  1. Get medical treatment

    If an employer attempts to prevent you from seeking medical attention, they are in breach of the law and acting completely improperly. Most workplaces will have a designated first aid officer in the event of an injury. You should see this person but also make sure that you either visit your GP or local A&E department. Similarly, for an illness you should first visit your GP.

  2. Record the accident details

    If you’re suffering from a work-related illness, ensure your employer has written notification of this. If you’re injured at work, you should record the details within your employer’s accident book.

    If you haven’t done this already, don’t worry, we can help you to do so.

    If your employer won’t record the accident or let you see the book, there are actions you can take. Accident book entries should usually be done within minutes and the injured party should contribute to what is written and only sign it when they are happy with the way the accident circumstances have been recorded. If relevant, previous complaints or comments from staff to management about potential hazards that relate to the accident in question should be noted.

    The injuries should be described and their cause listed. For example: “Joe has suffered a nasty laceration to his right hand and 3 fingers after it became trapped in the cutting machine on the factory floor. The safety guard was broken and not repaired despite the staff informing Management of the issue. Ambulance called and Joe has been taken to Hospital for treatment. This has been reported to Management”. The injured party should ask for a copy of the accident book entry.

    Do not feel that reporting the accident would tarnish the reputation of your company. Your employer is responsible for your safety. Immediately reporting the accident to your employer will help them curtail such accidents in future by adopting proper safety precautions.

    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 to see whether this has been done.

  3. Confirm your sick pay

    Not all employees will receive full pay if on sick leave from work, commonly your employer will put you on Statutory Sick Pay (SSP). Although SSP is far from a living wage, it could be enough to help you get by. Make sure that your employer has registered you for SSP. If you are unsure, you should contact your local benefits office.

    Knowing your rights is key – if you’ve been injured in a workplace accident that wasn’t your fault, you can claim for compensation to supplement your sick pay and cover your losses.

  4. Attend medical appointments

    If you are back at work but still receiving outpatient treatments for your injuries, such as physiotherapy or check-ups with a consultant, your employer MUST release you to attend the same.

  5. Take time to recover

    Taking time away from the workplace to aid your recovery will not only benefit you by reducing the length of time that you are injured, but also benefit your employer by enabling you to return to full duties at the earliest opportunity. If your employer is pressuring you to return to work if you want to keep your job, you should seek legal advice regarding this issue. An unfit employee is a dangerous employee and not only will you be risking your own health by rushing back to work, but you could also be risking the health of your colleagues.

  6. Seek light duties

    Removing you for a time from the situation causing the problem can often help. This would apply to psychological injuries, such as stress, as well as physical injuries. If your usual work involves aspects of hard physical labour such as heavy lifting, carrying, climbing or standing for long periods, your employer is duty bound to accommodate you (where possible) in returning to work on lighter duties whilst you complete your recovery. It could be that you usually work in a heavy lifting capacity but that a back injury will prevent you from doing that for sometime. Therefore, if your employer can accommodate you within an office for a few weeks on lighter duties, you can return to work and continue to earn your usual salary.

  7. Claim injury compensation

    It is your right to make a work accident claim if you suffer an injury or illness at work that is a result of your employer’s negligence. They have a legal responsibility to ensure a safe and secure working environment for staff and prevent foreseeable injuries, both physical and psychological.

    A successful personal injury claim will ultimately see a claimant recover a settlement for their injuries, ongoing treatment and also for their special damages, which covers financial losses such as lost income.

Employer pressure – threats are against the law

A very common worry for people is how making a claim will affect their employer. This fear can be played upon, and we understand that you may be placed under pressure by your employer NOT to pursue a claim for personal injury compensation.

Employers that are liable on grounds of negligence for injuries sustained in the workplace have no right whatsoever to prevent an employee from pursuing a claim.

Indeed, the law recognises this and protects your rights in the following ways:

  • It is illegal for your employer to sack you if a claim is made or being considered, and if they do you may have a case for unfair dismissal.
  • Similarly, if employer threats or other pressures force you to leave your job, you may have a case for constructive dismissal.

In such circumstances, you should seek advice from a solicitor or your local citizens advice bureau.

Clearly, the decision as to whether or not to pursue a claim rests with the injured employee. If the injuries are minor, will cause no long-term problems, and the employee can still work and therefore not lose wages, they may well decide that they do not wish to pursue a claim for compensation. 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.

Read our guide to work accident compensation for a comprehensive run down of what’s involved in making a claim against your employer.

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...

I work with chainsaws and woodchippers, while putting a branch through chipper it flicked up the length of wood quickly slamming my finger between it and roof of shoot. This left a deep cut on my finger, outcome was stitches to close wound, no damage to bone. Would this be eligible for a claim?

Ian Morris

In the accident at work scenario you describe, we need to consider whether the employer has been negligent. As such, we would like to know what training you have had to use the machine in question and what PPE you have been issued or required to wear – specifically gloves.

We would certainly like to speak with you to gain a better understanding of the above as we feel that there may well be valid grounds to pursue a compensation claim for the laceration injury you sustained at work.

Reply

I would like to ask a couple of questions.
I had a car accident while travelling for one site to another, I have been off since July 2020 and on ssp and uc. I have had an occupational health management report done (my company requested it and the consultant was from BUPA) and they have advised I work part time and said the under the equality act i would be classed as disabled. I’ve put options to my md about working part time. If my employer is unable to accommodate me doing part time, what are my rights? What if they come back and say, sorry, we can’t offer part time as it is a full time job?
Would it be possible to talk to someone for advice and options?

Ian Morris

Thank you for contacting us. One of our team will be in touch with you shortly to discuss your situation and offer advice.

In terms of the car accident that has caused your situation, have you started a claim for compensation? If not, we can certainly help you to do so. Any claim would account for the personal injuries sustained and importantly the long term consequences – particularly to your earning power. Our specialist Solicitors would seek ensure that your injuries were properly accounted for in your settlement so that your loss of income – both previously and in the future (if you are unable to work or earn as before) – were recovered.

In terms of your job and whether your employer can accommodate your position on a part time basis, that is something that they must consider carefully. If the employer cannot accommodate you, they would be within their rights – so long as due process is followed – you terminate your employment on the grounds of health or fitness to work. With this in mind, it is vital that a specialist personal injury Solicitor is acting for you in your claim as that could have a very big impact on your future income.

Reply

My daughter works in a respite care home for adults with learning disabilities. She was attacked – scratches in her eye and face and her hair was yanked out. This happened during a night shift when there is only one other sleep-over staff member on duty. She is now expected to return to care for the patient who has had their emergency stay extended and will be going in the day the patient is expected to be going home. What are her rights? She is scared for her physical safety but also her mental health having suffered long term clinical depression in the recent past.

Ian Morris

Was your daughter appropriately trained to provide the car work that she has been tasked with? Had she been made aware of the risks posed by this resident? If not, she can pursue a claim against her employer for compensation on the grounds of negligence. This is certainly something we would like to speak with her about.

In terms of returning to work, if your daughter has concerns, she need to address them to the employer – in writing – and speak with her GP about being signed off for a brief period to recover and regain her composure.

Reply

I was ran over by a forklift at work which left me with severe injuries to my left ankle and foot.
I was off sick for a year then returned back to work as I could no afford to stay off work any longer.
I made a claim for compensation which was successful.
6 months after returning to work I had to go back on the sick due to depression and I am still on the sick.
When I returned to work initially they just seemed to think that I could carry on as normal as if nothing happened.I mentioned on numerous occasions that I was not coping and used to break down in tears because what I was telling them fell on deaf ears.I am currently receiving intensive beahavioual therapy.
Do I have a valid case for a claim ?

Ian Morris

Our specialist Solicitors can investigate this matter for you and look in to whether the employer has failed in their duty to ensure that your health needs are adequately considered and managed. If so you could make a claim for your forklift accident.

Reply

I was working in a factory where I had an accident which affected my hand. Four fingers were cut off in the accident. At work, we are using manual transmission but my employer did not provide any safety tools to use. Can I be compensated for my injuries and losses?

Ian Morris

It would appear that your employer has failed in their obligation to provide a safe working environment and the correct tools to enable you to work safely. As such, you appear to have a valid right to make a claim for compensation against the employer.

Please call us on 01225430285 to further discuss this matter and start your claim for compensation.

Reply

Whilst I’ve been off sick with my injury which was a direct result of lifting at work, my employer has ended my fixed term contract early. What are the chances of me making a successful claim?

Ian Morris

Depending on the cause of the injury, we can then advise you further as to whether or not you can make a claim.

Reply

Hello there,

I had an injury at work where I have sprained the side of my body near my hip.
I have been off for awhile, recovering from my injury and getting statutory sick pay
They have now emailed me my P45.

The company I work for demands standing for 10hours shifts a day, 40 hours a week. My doctors have advised a gradual return to work or lighter duties.
I struggle with standing for a long period of time, and in physiotherapy, and the doctors have prescribed me medication.

Can they fire me for taking time off to recover from my injury, when it was a work related injury to begin with?

The only reason why I’ve been taking time off is because they do not want to accommodate to my injuries. (such as reduce shift, or a chair).

Is there any advise you could offer me?

I am not quite sure what my rights are within my situation.
I’ve not claimed compensation or anything like that.
I did go to first aid within work, and then later the hospital.

Kind regards
Sharon

Ian Morris

How long have you been away from work for? An employer can terminate an employees position if they are left unable to work in the role that they were recruited for due to injury or illness. However, due process should be followed and an employer should only terminate an employees position in such circumstances if they have been away from work for a long time and do not seem likely to be able to return. Of course, in cases where an employee is new and has not passed their probationary period or if they have not been with the employer for more than 2 years, it is much easier for an employer to let an employee go.

In terms of your injury, there may be something we can do to assist you in recovering at least some lost pay and compensation for the pain and discomfort caused by your injury. However, before we can advise you about a claim for personal injury compensation, we’d need to know a little more about your injury, the work you were doing and how you were injured.

I would be grateful if you could email me directly (ian@direct2compensation.co.uk) to explain how you were injured, what work you were doing and what training you have had – whether that be manual handling training, training for the use of certain machinery – or indeed no training. I can then look in to this for you further.

Reply

I got a splinter in my thumb whilst strapping a pallet. I asked for gloves and was given a completely unsuitable pair not designed for the job. The splinter became infected and I had to get a tetanus booster and antibiotics. I had a reaction to this and ended up off work. Tried returning but kept feeling fatigued etc ended up missing 3 weeks. The agency I was working for paid ssp and attempted to get this recorded in the accident book but it wasn’t. I want to know what I’m entitled to.

Ian Morris

Our Solicitors can review this for you and advise as to whether you can claim compensation and loss of income. The employers failure to provide the correct safety gloves should afford you the chance to pursue a claim successfully.

Reply

I was recently. Injured at work cutting my nose and hitting it .

I was on a construction site normally as a labourer but this job was non CSCS card and it was demolition .

I spoke to my supervisor and he started to question me if I’m going to claim. And making me feel anxiouse
I have all on recording .

My biggest question is
I am worried about trying to claim as I already have a claim active for the last 12 months .

Ian Morris

As long as you are acting honestly and with integrity, you need not be concerned about a pre-existing claim. So long as you tell your Solicitor from the out-set that you already have an ongoing claim, they will not have a problem with pursuing a new claim for a new accident.

Reply

I recently started working for a big company in the warehouse freezer section I was on a probation period of 12 weeks, during my second week I contracted pneumonia from working there I was sent home due to being sick during my shift, the next morning I was taken to hospital via ambulance where I also called in sick due to being hospitalised which was marked as an absence, I returned back to work after my 2 rest days but was put on medication that sedates me which I was supposed to be on for the due course of 7 days but I came off earlier so I can return back to work. I worked a further 12hr shift and then a 6hr shift as mid way through they failed my probation due to being off sick for those 2 days and was told to leave premises mid shift.. please advise me as I am in a very horrible situation at the moment

Ian Morris

In terms of both personal injury and employment law, you are in an unfortunate situation. I’m afraid that you won’t be able to claim personal injury compensation for the pneumonia for 2 reasons. Firstly, causation. It will be impossible to prove that working in the freezer section caused pneumonia and that employer negligence played any part in you getting such an infection. Secondly, although we are not employment law experts, as you were in a probationary period, the employer has acted legitimately – albeit unfairly – in terminating your employment for sickness absence.

Reply

I was moving a heavy battery at work 27/8/20 and tore my bicep ligaments. I had surgery on the 21/9/20 and I’m still off work they have been paying me full basic pay, but are now looking to drop it to 75% of my basic. I have lost a lot of my overtime pay due to the injury at work and have depleted most of my savings.

I was not going to claim as I want to carry on working here, also because they were paying me. However, if they drop me down to 75% I’m really going to have issues. I have about 6 weeks spare money to cover my outgoings and after that I don’t know what I’m going to do

Ian Morris

Anyone injured in an accident at work has a right to make a claim against the employers insurance cover. However, many injured workers won’t claim if their employer pays them their full salary whilst they are away from work recovering, as they don’t feel the need to pursue a claim for compensation.

In your case, whether or not the employer drops your pay, you do have a right to claim compensation for both the injury, but also to recover any lost income – including overtime payments that you have missed out on.

If you do want to make a claim, please call us on 01225430285. Our Solicitors can act on a No Win No Fee basis for you and recover compensation for the injury (pain, discomfort, impact on your day-to-day life etc) and importantly, recover any lost income – whether that be 25% of your income or more as well any lost overtime since the injury as well as recover any other costs or losses linked to the injury at work.

Reply

I was injured in the company bus while going to work and have coccyx fracture، having PT right now but not sur if it will heal 100% or it will take months or more, can I ask for compensation and resign ?thank you

Ian Morris

Was the company vehicle involved in a collision? How did you come to fracture your coccyx? Injuries to the coccyx are extremely uncomfortable and can take a long while to heal. If we can show that the injury was caused through negligence or due to a vehicle accident, a personal injury claim would be valid and likely to succeed.

Boua

Yes they driver did not see the speed bumps and my INJURY ON DUTY was approved by the company

Ian Morris

Please call us on 01225430285 to start your claim for compensation.

Reply

My hand has been jammed in the hinch side of fire door (the door need remain open during the day) without any warning, results of operation on nail bed repair and fractured bone. It’s happened at work, am I entitled to claim personal injury?
Thanks

Ian Morris

You do have a right to make a claim for personal injury compensation. An immediate question that springs to mind is why a fire door had to be propped open all day? Fire doors should not be kept open as they perform a vital role in preventing the spread of fire. As such, the employer may be found negligent on that score alone. Given the nature of the injury and the impact on your dexterity and potentially your ability to work and earn as normal, making a claim is a completely just and reasonable action.

Reply

I am cleared for light duty, but have to be sitting, and I work in Production, does my employer have to find something for me to do?

Ian Morris

UK law does not compel an employer to provide light duties, but they are obliged to provide light duties if such duties are available.

Reply

Ok so here is the deal I was in a Class B flatbed rated at 48,000lbs. And I know I was overweight, like 53,000lbs. I know I told the Boss that I was overweight and he sent me on the way. Coming to a Non-stop right turn I slowed down to 15 mph standard because I have made that turn 2,000 times in the 8 years I worked for the company. I slowly flipped over to the drivers side. Luckily the windshield exploded out and after I came to a stop I climbed out looked over the situation and determined there was no fire, shut the truck off and called the Boss. I told him what happened and according to him I told him I quit. Now am I in my right mind after I roll over in a 50,000 truck. Injury to my arm and shoulder and hand went to the hospital two times luckily nothing was broke. Am I in the wrong here?

Ian Morris

Your employer was negligent in allowing a vehicle that was over the rated weight limit to be driven. You appear to have made the employer aware of the weight issue. If you have not already informed the authorities of this, you most certainly should.

Reply

Hello,
I worked at the Ivy restaurant and cut my finger while trying to separate two glasses from each other while setting the table. I cut nerves in my finger and had a surgery and my arm in a cast for a month and could not use my hand for 12 weeks. I have lost abilities in my finger and it will never be straight again. The insurance company of the employer has today denied compensation claiming that I had been trained in the task. However, they did not tell me in the training about the risk that the glass could break in my hand and give these types of injuries. Can I appeal is my question? Thank you in advance!

Ian Morris

Before closing your case, your Solictor may wish to contest the denial of liability that the defendant has raised. Although you may have had training, as you have cited, it would appear that the training didn’t appropriately cover the risk of the work you were doing. As such, this should be of interest to your Solicitor.

Reply

I reported a faulty rear door, and tail lift on my lorry by way of a defect sheet and reported it to transport supervisor when I got back to work and explained how bad the door was to open. They said it would be fixed for me as I can not work with the door like that. The following day the tail lift was fixed and the doors seemed a bit better so again defected it and went on my way. During the day my rear doors was stuck hard again and I’m having to yank with both hands to open them and injured my left shoulder. When I returned to work and told them, I then found out no one had looked at fixing the doors! I have now been off work for 6 weeks due to the injury and need physiotherapy on my shoulder.

Work told me I had to take sick leave and would not make reasonable adjustments for me to stay in work, so I have had to go sick. As I was leaving the office my supervisor then said to me that I will probably lose my job as i’ve have a lot of time off in the past due to my bad back. I visited my work place after a few weeks off for an Occupational Health assessment, but my manager was putting all the blame on me as to why I did not refuse to drive the wagon. I have explained that I thought someone had tried to fix it as the tail lift was fixed and again all the blame appeared to be placed onto me. So since i’ve been off, i’ve been in pain and worrying about my job. This has now left a bad taste in my mouth after them not taking any responsibility for this injury. I dont know where I stand on this and if I should make a claim?

Ian Morris

We think you should make a claim and the fact that you reported the fault with the wagon to the employer places the onus on the employer to either remove the wagon from use or make repairs so that you can use the vehicle without risk of injury. As the employer has failed to act on your report of a fault, they would appear to have been negligent and you therefore have a right to make a claim.

Reply

I was injured at work over 3 years ago a pane of glass went in my arm,it took my employer 1 hour to get someone to take me to hospital,I got 5 stitches ,went to the office and put it in the accident book,I asked for a lift home which was half an hour away,but I was told it was my fault the accident,and no one left me home as they said they were to busy,I had to take a lend of 5 pounds from an office worker who over heard. My situation,I had to walk a mile in the rain to get a bus home in pain which took me over 2 hours ,was that right or can I still do anything about it,hospital have the records,I was afraid of losing my job as they have made life difficult for me in the past and still do

Ian Morris

UK law requires any person over the age of 18 years to make a claim within 3 years of the date of an accident or injury. In this case, unless you are under the age of 21 years at this time, you are now statute barred and cannot commence a claim.

Reply

Hello,

I work as a chef in a kitchen. In June 2019 i was working as usual and from behind me a kitchen porter accidently dropped a lot of dirty and heavy things onto the back of my leg (calf) and I immediately couldn’t walk. My seniors iced my leg and I kept working for 1 hour until I finally had the courage to say I couldn’t work and had to go to A&E. It was reported etc as it should have been and they got me a taxi to A&E. Doctors said it was tissue damage and I should have time off work. I couldn’t walk on that leg at all and I took 2 weeks off work and visited the doctors a few times to get it checked on. Now over 1 year later I still feel pain in that leg when I exercise and there is a dark marking on the whole of my calf where the really bad bruising was. Would I be able to claim?

Ian Morris

Please call us on 01225430285 to make your claim for compensation. We feel that your claim should be pursued and passed to our specialist Solicitors. If you would prefer that we call you, simply go to our ‘start your claim for compensation’ page and complete the initial form. We’ll then contact you to take this further on a No Win No Fee basis.

Reply

can you claim compensation with no evidence and not reporting accident in work place?

Ian Morris

You can pursue a claim, but evidence will be needed to enable a Solicitor to substantiate the claim. Were there any witnesses to your accident? Did you attend A&E or see your Doctor and advise them that your injuries were caused at work?

Reply
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