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Accident at Work

Could you make a work injury claim?

When you’re getting on with your day-to-day job, the last thing you expect is to be injured. If you’ve suffered from a work injury due to somebody else’s negligence, then you shouldn’t be left to deal with the financial and emotional consequences on your own.

It’s likely you can make a work injury claim if:

The best way to find out whether you could make a work injury claim is to get in touch with a legal advisor for free on 0800 234 6438.

What are the legal duties of your employer?

By law, all employers are legally required to make sure your working environment is as safe as possible. As part of this, they should provide you with the training and safety equipment you need for your role. They should also carry out regular risk assessments and take steps to avoid accidents from happening.

The Workplace (Health, Safety and Welfare) Regulations 1992 sets out rules which employers should follow to reduce the chances of accidents happening. For example, the very basics of this includes:

If your employer has failed to follow these regulations, then it’s likely you can seek help to sue for a work injury.

Does claiming put your job at risk?

When it comes to making a 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 the company you work for. But in the unlikely event that you do lose your job, you’ll be able to take legal action against your employer.

It’s also important to remember that by making a claim for an accident at work, you might also reduce the chances of one of your colleagues being injured in the same way, as it’s likely your employer will make safety changes to avoid the same thing happening again.

DID YOU KNOW: In a survey carried out by, 45% of people said they would worry about their job if making a claim against their employer

Will my employer be left out-of-pocket?

All businesses should have liability insurance, which covers them if an employee is injured while at work. This means your compensation will be paid by their insurance company, not by your employer personally. This also means that you may still be able to make a claim if the company which caused your injury no longer exists – so long as the insurance company can be tracked down, then you can still make your claim.

What should you do after an accident at work?

In the shock of an accident, it can be difficult to remember what to do. If you have the chance, taking the steps below can help when it comes to making a compensation claim:

Work Accident Video
This short video takes you through a basic introduction on claiming for compensation if you have been injured in an accident at your workplace.

What does work accident compensation cover?

A specialist solicitor will take all the financial costs of your injury into consideration when making your work accident claim, as well as the wider impact it’s had on your life. For example, they’ll take the following into consideration and more:

For more information, you can speak to an adviser for free on 0800 234 6438, or enter your details into one of the secure forms on this page to request a call back.

What if the accident was partly your fault?

In some cases, staff can be injured because of their own carelessness. But in other cases, an accident could be both the employee’s fault – and a result of the employer’s breach of health and safety rules. If you’re partly at fault, you might still be able to make an injury claim, but the amount of compensation you receive will be lower to reflect the extent to which you were to blame.

How long do you have to sue for a work accident claim?

You have three years after an accident at work to start a claim, otherwise you may be out of time under the Limitation Act 1980. However, if you’re claiming on behalf of someone who has a mental disability – for instance, your spouse was seriously injured in a work accident and has lost their mental capacity as a result – 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.

Can you claim for an industrial disease or longer term illnesses?

Some work injuries don’t show themselves straight away, but that doesn’t make them any less harmful. Industrial diseases such as asbestosis, mesothelioma and bronchitis can take many years to develop – and you might not even be working at the same company anymore.

You can still make a personal injury claim for an industrial illness for up to three years after you first realised you have the illness (also known as ‘the date of knowledge’). This means you’ll still be able to receive compensation to help to cover the costs and effects of your condition.

How much compensation could you receive?

The amount of compensation you receive can vary significantly from case to case, depending on the severity of your injuries and the effect your accident has had on your life.

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 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 can try our free compensation calculator.

Are you entitled to statutory sick pay?

After you’ve suffered from an accident at work, it’s likely you’ll need to take some time off work while you recover. If you need more than four days off sick in a row after your work accident, you should be entitled to Statutory Sick Pay (£95.85 per week as of February 2021) as a minimum.

However, many employers are more generous than this and will pay more. It’s likely that your contract of employment will say what your entitlement is for sick pay – or your employer will be able to tell you if they use a sick pay scheme.

About the Author
Nicola Laver LLB

Nicola Laver LLB

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Nicola is a dual qualified journalist and former solicitor. She is a legal journalist, editor and author with more than 20 years’ experience writing about the law.

About the Author

Nicola Laver LLB

Nicola is a dual qualified journalist and former solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.

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