Start Your Work Accident Claim
Does your claim qualify? Get free, no obligation advice!
When you’re getting on with your day-to-day job, the last thing you expect is to be injured at work. If you’ve suffered from a work injury due to somebody else’s negligence, then you could be entitled to accident at work compensation.
You can make a work accident personal injury claim if:
The best way to find out whether you could make an accident at work personal injury claim is to get in touch with a legal adviser for free on 0800 234 6438 – or submit your name and number using the form on this page to request a call back.
If you’ve suffered an injury following any type of workplace accident and it was someone else’s fault, you can make a compensation claim against your employer. It is only right and fair that you are awarded compensation for the extent of pain and suffering you have endured. This extends to any occupational condition or industrial illness that has been caused while you were at work.
Your important first step towards making an accident at work injury claim is to get in touch with an expert legal adviser on 0800 234 6438 for a free initial consultation – or ask for a call back by entering your name and number at the top of this page. The team will give you free guidance on how you can make your claim. Your work accident claim for personal injury compensation will most likely be brought against your employer’s insurance company, not your actual employer.
All employers are legally required to hold public liability insurance to cover the risk of personal injuries in the workplace. If you’re successful, your compensation will be paid through your employers liability insurance company.
After your initial conversation, if you wish to proceed, your adviser can pass you on to one of their expert partner solicitors. They’ll talk through some of the details of your accident and injuries and will weigh up your chance of success based on whether the other side is likely to be liable (responsible) for your injuries.
When the specialist injury lawyer takes your claim, they will deal with the groundwork on your behalf. This means you don’t need to worry about being out of your depth and you can concentrate on your recovery.
Your personal injury solicitor will never take a claim forward if they don’t think there’s a chance of success – that wouldn’t be fair on you and could also be costly for them.
Assuming the claim goes ahead, and its value is no more than £25,000, the legal process will be governed by what is known as the Pre-Action Protocol for Personal Injury Claims, which sets out how both sides to the claim should deal with the claim, up to when formal court proceedings commence (if at all).
Under the protocol, your solicitor will send a Letter of Claim to the other side. This will set out the details of the accident and the circumstances in which it occurred; the injuries you sustained; and the effects on your life, your finances (such as loss of earnings) and your family.
The other party then has 21 days to respond. They may either admit or deny responsibility for your injuries. In some cases, they may claim that they were only partly responsible for what happened.
If your employer accepts liability: This means the other party admits being responsible for your accident, in which case the process of negotiating your compensation can then begin.
If your employer deny liability: Unfortunately, it’s not uncommon for your employer to deny liability to begin with. If they do in your case, your solicitor will gather the evidence necessary to prove that the accident was their fault.
How much compensation you receive will depend on your situation. But rest assured, your solicitor will have a lot of experience helping people to make personal injury claims, so they’ll make sure you get the amount of compensation you deserve.
You can find out more about how the claims process works by visiting our claims process page. Be assured you will not be pushed into making a claim – your adviser will give you free, friendly advice and to let you know whether they think you can make a claim.
You’ll be encouraged to know that it’s unlikely you’ll have to go to court when you make a work accident injury claim. The vast majority – more than 95% – of personal injury claims are settled before formal court proceedings are even issued, which means a court hearing does not become necessary.
This is because no one wants their case to go to court – not even the other side. Usually, it is only the largest and most complex claims that reach the courts. You can be assured that your specialist personal injury solicitor will work hard to settle your claim to avoid a court hearing. However, your solicitor will not settle for anything less than you deserve.
Settling your injury claim will be best for all the parties concerned – it enables you to concentrate on getting your life back on track and means your employer can quickly put the incident and its repercussions behind it (while hopefully learning lessons from what happened).
In many cases, the claim is settled after court proceedings have been started. If this happens, it’s still unlikely you’ll have to go to court. It’s not unusual for solicitors to decide to issue proceedings as a way of persuading the other side to agree to settle if negotiations have reached an impasse; or because the other side is not complying with the rules under the pre-action protocol. Often, issuing proceedings can actually speed up the resolution of your claim.
Even if you were expected to attend court in future, you need not worry that you’ll be facing a jury – injury claims are civil claims, not criminal trials, so any hearing will be before a judge. The experience is not nearly as daunting as you might imagine.
There is a very important legal rule that stipulates you have three years after the date of a workplace accident to start a formal claim, otherwise you may be out of time under the Limitation Act 1980. In the case of conditions and illnesses, the 3-year limitation period may not be so clear cut and the law recognises this.
It also states that claims must be started within three years from the date of ‘knowledge’, ie. the date on which you first became aware that the workplace environment or incident directly caused – or exacerbated – your injuries. This is particularly important in cases of industrial diseases and illnesses, such as cancer, vibration white finger and noise-induced hearing loss.
If you’re claiming on behalf of someone who has a mental disability – for instance, if your spouse was seriously injured in a work accident and has lost their mental capacity as a result of a serious brain injury – this three-year period doesn’t start to run until they’ve regained their mental capacity.
Also, any person who was injured while under the age of 18 has until their 21st birthday to start their claim. So if, for instance, your 16-year-old was working in a factory or building site during school holidays the law allows for a longer period in which to claim injury compensation. However, it’s always best to get the ball rolling as early as possible while events are fresh in your mind.
Unfortunately, there’s no easy answer to this because so many factors might be at play. Even if your solicitor gives you a rough prediction at the outset, this can quickly change depending on how long your recovery takes, what response is received from the other side and how long it takes to negotiate a settlement. The more serious your injuries and the greater the complexity of the case, the longer it will take. This is partly because specialist medical evidence may be necessary from more than one doctor, and other expert witnesses and evidence may be required. This can be a time-consuming process.
If liability is disputed, even relatively small claims can take longer because a court hearing may be necessary to decide who was at fault for the accident. If court proceedings become necessary, the process would take even longer. However, your solicitor will keep you updated as to how the claim progresses and you won’t be left in the dark.
If you’re approaching the three-year time limit for making an accident at work compensation claim, it’s crucial to act quickly. Delaying your claim could significantly impact your chances of success.
Time is of the essence now, so don’t hesitate to seek legal advice. A specialist personal injury solicitor will be able to assess your case and determine how long you have left to file your claim. They’ll also explain how the time limit might affect your claim and whether any exceptions or extensions might apply in your case.
The three-year time limit is a strict deadline, and once it passes, you may lose your right to claim compensation for your injuries.
If the three-year time limit for making an accident at work compensation claim has passed, it becomes significantly more challenging to pursue your claim as it is considered as ‘time barred’ or ‘statute barred’. However, that’s not to say it can’t be done. There are still a few options you can explore:
Consult a personal injury solicitor: Even if the time limit has expired, it’s still worth speaking to a solicitor. They can assess your case and determine whether any exceptions or special circumstances might allow for an extension of the time limit.
Consider exceptional circumstances: In rare cases, the court may allow a claim to proceed even after the time limit has passed if there are exceptional circumstances that prevented you from filing earlier. Such circumstances can include:
Lack of mental capacity: If you were mentally incapacitated due to the accident or other reasons and unable to make decisions about your claim, the time limit might be extended.
Misrepresentation or fraud: If your employer or their insurer deliberately misled you about your rights or concealed information that prevented you from filing a claim on time, the court might consider extending the time limit.
Seek alternative procedures: If pursuing a compensation claim is no longer an option for you, you could try seeking support from a trade union, employee assistance program, or pursuing grievances through internal company procedures.
For a successful claim and the maximum compensation figure, you will need to provide as much evidence as possible to prove your claim. Your solicitor will want to make it as tricky as possible for your employer to refute your claim, so that your compensation can be settled and paid out as soon as practicable. So, ideally you need to be able to give your solicitor the following:
In the aftershock of accident at work, it can be difficult to think about what to do and what are your rights. You may be experiencing a range of emotions and flashbacks, not to mention the physical impact and effects of your injuries. But if you are able to, there are some initial steps which you should bear in mind if you can. These steps can help hugely when it comes to making a accidents at work compensation claims:
You want to gather as much evidence as possible to support your case, particularly if your employer denies responsibility for the accident.
The law gives you, as an injured individual, the right to make a personal injury claim against the person or organisation who should be held responsible for what happened. So long as your personal injury solicitor can prove on balance that the other side was negligent and your injury or illness was a direct consequence of the accident or working environment, you have the right to bring your work injury compensation claim.
A work accident injury claim can be brought under what is called the ‘common law’ of negligence and/or for breach of statutory duty. Negligence arises where the defendant – in this case, the employer – owed a duty of care to the injured person; that duty was breached; and the victim’s personal injury (and possibly other losses) directly resulted from that breach.
This means if it can be demonstrated that a duty owed to you by the employer was breached, and your injuries were the consequences of that breach – your claim should succeed.
In addition, legislation strengthening the rights of individuals injured in the workplace has been introduced over the years. The various statutory obligations imposed on companies means claimants who are injured in the workplace can bring an injury claim on grounds of breach of statutory duty. Breach of statutory duty can also be relied on in a negligence claim.
Your injury solicitor will consider the circumstances of your accident and your worker status to decide on what grounds to bring your claim, giving you the best possible chance of success.
It’s against the law for your employer to fire you or treat you any differently if you make a compensation claim against them. If they were to do so, then this would count as unfair dismissal (if you were sacked) or constructive dismissal (if you were forced out of your job by your employer making your life difficult).
Either action would allow an employment tribunal to award you compensation or even order that you’re given your job back by your employer.
When it comes to making an injury claim against your employer, there are laws in place to protect you from being unfairly dismissed or treated differently, such as the Employment Rights Act 1996. Quite simply, it’s illegal for you to be fired or disciplined for making a claim against your employer. This means that in the unlikely event you do lose your job, or were harassed for making your claim, you’ll be able to take legal action against your employer.
The law is there to protect you so you should not be at risk of losing your job.
There are cases where a workplace accident was not fully the fault of the employer – it might also be partly the employee’s fault. But importantly, you can still make an injury claim. However, if you were partly to blame for the accident, the compensation you win will be lower to reflect the extent to which you were to blame.
For instance, if you are awarded £100,000 compensation but you were 20% legally responsible for what happened you could expect your compensation to be reduced to £80,000.
If you think you were partly at fault, don’t assume you can’t take any action. Speak to an expert legal adviser for free on 0800 234 6438 about the background to the accident – you may even find you should not be held responsible at all.
In some cases, workers are injured because of their own carelessness and no one else’s, in which case the employer will not be held responsible, and you cannot make an injury claim.
But you should still talk it through with a legal adviser. There are cases where the injured person thinks the incident was their own fault when in fact it wasn’t. Always check!
If you’re injured at work, you may be eligible for Statutory Sick Pay (SSP) if you meet certain criteria. SSP is paid by your employer for up to 28 weeks if you’re too unwell and unable to work. SSP is typically lower than your full pay. If your injury is severe and long-term, you might be entitled to other benefits, such as Employment and Support Allowance (ESA) or Personal Independence Payment (PIP), depending on your specific circumstances.
If you are employed and have been injured at work and you need more than four consecutive days off sick to recover, you should be entitled to Statutory Sick Pay (currently £99.35 per week for up to 28 weeks).
Many employers are more generous and will pay more than the SSP rate to injured employees. Your contract of employment may state what your entitlement is in these circumstances, or your employer will be able to tell you if it operates a sick pay scheme.
In some cases, an employer who is clearly liable for your injuries may agree to pay more generously, even if they don’t have to.
The Industrial Injuries Disablement Benefit may also be available if you were employed at the time of the accident, and you need time off work because of a work-related accident or illness. The maximum amount available is currently £188.60 per week.
If you’re self-employed and need time off work, you’re not entitled to SSP but you may be entitled to other benefits, such as employment and support allowance. Your solicitor will be able to discuss these possibilities with you.
What if you need a quick payment to pay for costs relating to, for example, adjustments at home to aid your recovery? In cases of serious injuries or claims involving children, your solicitor may be able to arrange for you to receive ‘interim’ payments of compensation before your final settlement. The purpose of interim payments is to cover your immediate needs and the short-term costs of your injuries and can be particularly important it there is a long road to recovery.
Larger claims, including multiple injury claims, can be particularly complicated, which means it can sometimes take a long time for such claims to be completed. We know your injuries will have already caused you a significant amount of stress and expense, so, where possible, your solicitor will work hard to secure an interim payment of compensation ahead of the full compensation payment.
However, it is important to understand that interim payments are only available if liability is admitted by the other side. Your solicitors will work hard to ensure the issue of liability is settled as soon as possible so that they can concentrate on achieving a fair settlement and interim payments when possible.
No two accidents or injuries are the same, so you might be feeling unsure whether you’ll be able to make an accident at work claim. In fact, with numerous different industries across the UK, there are many different types of workplace accidents which happen, such as:
So if you’ve suffered an injury in an accident at work in the last three years; or discovered you are suffering a condition related to your working environment, you may well be able to make a claim, such as a construction accident claim.
The quickest way to find out whether you could make a compensation claim is to speak to a legal adviser on 0800 234 6438.
By far the main reasons for workplace accidents are lack of training and supervision, failure to provide adequate warning signs of hazards, poor maintenance of equipment, out-of-date equipment and manual handling and carrying.
In fact, a third of accident at work claims are for manual handling accidents, typically causing back injuries which can be incapacitating and result in time off work and lost earnings.
To this list we can also add, for example, failures to undertake regular or adequate risk assessments in the workplace, overexertion or an extremely pressurised working environment.
It is common to hear of the same types of workplace accident time and again. The fact is, some accidents are more likely than others. According to the Labour Force Survey, the three most common non-fatal injuries at work are:
Other accidents that regularly happen at work include:
If you are suffering from an occupational illness or industrial disease, you should be able to claim compensation – even if it was caused many years ago. The law recognises that it can sometimes take decades for an individual to realise they are suffering, for instance, from industrial deafness, cancer or carpal tunnel syndrome. But it is only fair that they should have the right to bring an injury claim in these circumstances.
If the company no longer exists, you may still be able to make a claim. When you call, give your legal adviser as much information as you can about your old employer, and their partner solicitors should then be able to trace its insurers. Once they have been identified, your claim will be made against the insurance company.
Your compensation for injuries following a workplace accident will most probably comprise both ‘general’ damages and ‘special’ damages.
General damages: general damages compensates you for your actual injuries or condition and any ongoing suffering.
Special damages: this compensates you for your specific financial losses that resulted directly from the accident, such as:
Your solicitor will need details, such as receipts and invoices, of any financial losses incurred which you need to claim back.
Although it is impossible to tell exactly how much compensation you may receive, The Judicial College Guidelines are the normal reference for a guideline amount of general damages that should be awarded for different types of injuries. The guidelines are regularly updated to take in to account any recent court awards and changes to the Retail Price Index. The current, 16th edition, of the guidelines was published in 2022.
You can find below some example payout amounts taken from the Judicial College Guidelines for different types of injuries at work. Please note that these compensation examples do not take in to account the amount you could be awarded for the financial impact of your injuries (e.g.. loss of earnings, medical expenses, etc.).
| Injury Type | Minor | Moderate | Severe | Very severe |
|---|---|---|---|---|
| Arm injuries | Up to £19,200 | £19,200 to £39,170 | £39,170 to £59,860 | £96,160 to £130,930 |
| Wrist injuries | Up to £7,430 | £6,080 to £10,350 | £12,590 to £39,170 | £47,620 to £59,860 |
| Hand injuries | Up to £4,750 | £5,720 to £29,000 | £29,000 to £61,910 | £55,820 to £201,490 |
| Finger/thumb injuries | Up to £4,750 | £4,750 to £12,590 | £12,590 to £35,010 | £35,010 to £90,750 |
| Leg injuries | Up to £27,760 | £27,760 to £39,200 | £39,200 to £54,830 | £54,830 to £135,920 |
| Knee injuries | Up to £13,740 | £14,840 to £26,190 | £26,190 to £43,460 | £52,120 to £96,210 |
| Ankle injuries | Up to £13,740 | £13,740 to £26,590 | £31,310 to £50,060 | £50,060 to £69,700 |
| Back injuries | Up to £12,510 | £12,510 to £38,780 | £38,780 to £88,430 | £91,090 to £160,980 |
| Tenosynovitis | £2,200 to £3,530 | £8,640 to £10,750 | £14,900 to £16,340 | £21,910 to £23,310 |
| Trigger finger/thumb | £2,200 to £3,530 | £8,640 to £10,750 | £14,900 to £16,340 | £21,910 to £23,310 |
| Carpal tunnel syndrome | £2,200 to £3,530 | £8,640 to £10,750 | £14,900 to £16,340 | £21,910 to £23,310 |
| Epicondylitis | £2,200 to £3,530 | £8,640 to £10,750 | £14,900 to £16,340 | £21,910 to £23,310 |
| Neck injuries (excluding non-severe whiplash) | Up to £7,890 | £7,890 to £38,490 | £45,470 to £130,930 | Around £148,330 |
| Paraplegia | n/a | n/a | n/a | £219,070 to £284,260 |
| Tetraplegia (Quadriplegia) | n/a | n/a | n/a | £324,600 to £403,990 |
| Fatal injuries | n/a | n/a | n/a | £1,370 to £23,810 |
| Shoulder/clavicle injuries | Up to £7,890 | £7,890 to £12,770 | £12,770 to £48,030 | n/a |
| Hip injuries | Up to £12,590 | £12,590 to £39,170 | £39,170 to £78,400 | £78,400 to £130,930 |
| Nose fractures | Up to £2,520 | £2,520 to £3,150 | £3,950 to £5,200 | £10,640 to £23,130 |
| Jaw fractures | n/a | £6,460 to £8,730 | £17,960 to £30,490 | £30,490 to £45,540 |
| Bowel injury | n/a | £12,590 to £24,480 | £44,590 to £79,920 | Up to £184,200 |
| Hernia | £3,390 to £7,230 | £7,010 to £9,110 | £14,900 to £24,170 | n/a |
| Brain damage | £2,210 to £12,770 | £43,320 to £219,070 | £219,070 to £282,010 | £282,010 to £403,990 |
| Total blindness | n/a | n/a | n/a | Around £268,720 |
| Total loss of one eye | n/a | n/a | n/a | £54,830 to £65,710 |
| Loss of sight in one eye | £9,110 to £20,980 | £23,680 to £39,340 | £49,270 to £95,990 | £95,990 to £179,770 |
| Minor eye injuries | £2,200 to £8,730 | n/a | n/a | n/a |
| Loss of one arm | n/a | n/a | £96,160 to £130,930 | At least £137,160 |
| Loss of both arms | n/a | n/a | n/a | £240,790 to £300,000 |
| Loss of one leg | n/a | n/a | n/a | £97,980 to £137,470 |
| Loss of both legs | n/a | n/a | n/a | £201,490 to £282,010 |
| Loss of one hand | n/a | n/a | n/a | £96,160 to £109,650 |
| Loss of both hands | n/a | n/a | n/a | £140,660 to £201,490 |
| Non-facial scarring | Up to £7,380 | £7,380 to £22,730 | £22,730 to £104,830 | Over £104,830 |
Please note that the above figures are provided as rough guidelines only. You should speak to an experienced injury solicitor who will be able to estimate how much compensation you could receive.
All businesses are required to have liability insurance which covers them for financial risk if an employee is injured while at work. This means your claim will be against the insurance company and not the employer directly. All compensation will be paid by the insurer – it will not come out of your employer’s pocket.
So you need not feel guilty about suing your employer for compensation, it should not have any impact on the finances of the business,
The fact is, no two work accident cases are the same, which is why your solicitor will look closely at the details of your case before settling on a fair compensation figure.
This does mean that it’s difficult for us to say exactly how much you could claim before starting your case. However, to get a guideline figure you will find our free compensation calculator a useful starting point.
If you have been injured in a workplace accident, you should speak with expert injury solicitors (or legal executives) who are highly qualified lawyers and best placed to give you the specialist advice on your claim.
If you’re thinking about starting a work compensation claim, you may understandably be feeling unsure how to get started and what type of solicitors’ firm to choose. There are so many different options around and we understand why it’s easy to feel overwhelmed.
Unfortunately, you need to watch out for inexperienced or incompetent injury lawyers fighting to do your claim. We’re here to let you know what to look out for, and to guide you through the process of finding the right personal injury solicitor.
Avoid any companies that contact you using spam marketing, such as cold-calling, or unsolicited emails and texts. This is unethical behaviour from companies who put profit before clients’ interests, and is an indication of how you’ll be treated during your claim.
A trained legal adviser will only partner you with an expert work injury lawyer who will be able to properly advice you whether your claim is likely to be successful. They are also experienced in negotiating fair levels of compensation as early as possible, enabling you to get on with your life.
A specialist injury lawyer can also help you get the rehabilitation and medical advice you need for your recovery; and will advise you on how to protect your money once you’ve received your compensation.
By contacting claims.co.uk, you get access to legal advisers who have years of experience in personal injury cases, speaking with accident at work victims and understanding their unique needs. They are best placed to partner you with the best no win no fee claim injury lawyer to enable your claim to proceed as smoothly as possible, securing the maximum compensation settlement you deserve.
The work claims process is usually straightforward and not nearly as daunting as you might imagine. Expert legal advisers are experienced in speaking with clients with empathy and understanding and will carefully take the background details from you. You will be free to answer any questions you have before you decide to move onto the next step.
Assuming you do have a good claim, they will partner you with a specialist injury solicitor who will support you each step of the way in your no win no fee claim. So what happens next?
claims.co.uk ltd is a claims management company regulated by the Financial Conduct Authority. Our registration is recorded on https://register.fca.org.uk (Firm Reference Number 836261).
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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