Work accident
compensation claims

If an accident at work has set you back, we'll help you move forward

If your life, or the life of a loved one, has been affected by an accident at work, we can help.

If your injuries were caused by your employer, your manager or a co-worker, you may be entitled to claim financial compensation.

You can make a No Win, No Fee work accident compensation claim with the help and support of a specialist accident at work solicitor.

With over 1/2 million people injured at work every year, you are not alone

Accidents at work are a major concern across all industries, although the level of risk varies significantly depending on the nature of the job and the workplace environment.

The number of people injured at work is surprisingly high, with over 561,000 non-fatal work injuries reported in 2022/23 (source: hse.gov.uk).

What are the highest risk industries?

According to HSE data, the industries with the highest risk of injury in 2022/23 were:

• Farming, forestry and fishing
• Hospitality and food services
• Wholesale and retail
• Construction workers and other trades

What are the most common workplace accidents and injuries?

The most common types of work accidents in 2022/23 were:

The most common injuries reported to the HSE included:

Can I make a work accident claim?

If you've been injured or made ill in the last three years and it wasn't your fault, then you will be entitled to claim compensation for work injury.

Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

What are my rights after a work accident?

Employers owe a legal duty of care to their employees. In most cases, your employer will be responsible (liable) if you are injured during your work.

The Health and Safety Executive (HSE) defines an employer's responsibility as:

"...making sure that workers and others are protected from anything that may cause harm, effectively controlling any risks to injury or health that could arise in the workplace."

Your employer is responsible for maintaining a safe workplace, providing proper tools, PPE and training, and regularly assessing risks. If they fail in these duties and you get injured, they could be held liable. This applies even if your employer's inaction, rather than direct action, led to your injury.

Negligence could also be inferred if safety checks and risk assessments are not regularly conducted, regardless of how long the task has been carried out without issue.

Read more:

What are my rights after a work accident?

What if I was partly to blame?

Personal injury claims where both the defendant and claimant share some responsibility are relatively common.

In our recent 2024 Work Injury Claimant Survey, 26.02% of respondents thought they could be partially to blame for their accident.

When fault on both sides caused a claimant's injuries, this is called 'contributory negligence'. In these situations, compensation may still be payable on the basis of a split liability agreement.

Read more:

Can I claim if I feel I was partly responsible for my accident?

What if I'm a temp, self-employed or zero-hours contract worker?

If you are injured at work, eligibility to claim compensation is the same as it is for full-time and part-time employees. In addition, the Personal Protective Equipment (PPE) at Work (Amendment) Regulations 2022 came into force on 6 April 2022.

This legislation means that employers must now provide free PPE to all workers, including workers who are self-employed or on a zero-hours contract.

Agency and temp workers

A work injury compensation claim would usually be made against the company where you were working when injured, rather than the agency that technically employed you.

If the agency has more control and responsibility for your role (e.g., if the agency provides training or equipment), the agency may instead be liable.

Read more:

Your rights as an agency worker

Self-employed worker claims

Self-employed people often work on premises owned or operated by another party. For example, self-employed electricians or plumbers working on a building site.

I am self-employed - Can I still make a work injury claim?

Zero-hours contractors

If you are self-employed and are injured because of the negligence of the operator of the premises where you were working, you may have grounds for a work accident claim.

Regardless of the type of contract you have, your employer still owes you a duty of care.

Read more:

I was injured working on a zero-hours contract

What if I'm injured working from home?

If you work from home (WFH), your legal rights as an employee remain the same as if you were working at your employer's premises.

Those who work from home, also known as out-workers, can potentially make a claim against their employer if injured while working in their home setting.

Your eligibility for compensation depends on the specific details of the accident and how much responsibility your employer had to keep you safe.

Generally, employers aren't liable for accidents caused by factors they couldn't control, such as a trip or fall resulting from a family member's actions.

That said, employers should conduct a full risk assessment of your home working environment. They should also supply and train you in the use of necessary tools, equipment, and protective gear required for your job.

If you're injured due to faulty, inadequate or substandard equipment provided or approved by your employer, they could be held responsible, regardless of where you work.

Read more:

I work from home - Can I still make a work injury claim?

Can I still claim if I work in a high-risk industry?

Yes. It's a misconception that because you work in a higher-risk industry, such as agriculture or construction, you should simply accept that injuries come with the job.

More strict health and safety standards are imposed on more dangerous industries, and a body of specific legislation exists to protect at-risk workers.

If you were injured while working in a high risk job, these strict standards can make it easier to demonstrate your employer was neglient, if, for example they failed to provide correct PPE or manage your exposure to chemical, noise and other hazards.

Read more:

Can I claim if I was injured working in a high-risk industry?

Can I make a work accident claim for someone else?

Yes. It may be possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on their behalf.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more:

Can I make an injury claim on behalf of someone else?

What if my employer has ceased trading?

Yes. If your employer has ceased trading, you can usually still claim compensation for an injury that happened during your employment.

However, the claim may take considerably longer to process. This delay is due to the time it takes your solicitor to identify your ex-employer's insurance company at the time your injury occurred.

Read more:

Can I still make a claim if my employer went bust?

Could I lose my job if I make a claim against my employer?

No, if you make a claim against your employer, you cannot be legally dismissed.

If you are injured at work, you have extensive legal rights which ensure:

• You receive the work injury compensation to which you are entitled; and
• You are treated fairly when making a work accident claim.
• Your employer cannot dismiss you (or threaten to) if you decide to make a claim.

The law is clear on this point. If an employer tries to dismiss an employee or forces an employee to leave because they made a claim, there would be a case for unfair or constructive dismissal.

Read more:

Could I lose my job if I make a work injury claim?

What is the time limit for a work accident claim?

If you were injured in an accident at work, you have three years to start a claim for compensation. If you were made ill by your job or working conditions, you have three years from the date you learned your illness was work-related.

However, many solicitors will not take on claims that are close to the three-year deadline.

The three-year limit represents the deadline by which court papers must be filed to start a formal claim. Solicitors on both sides prefer to settle claims out of court, but it takes time to gather evidence, carry out a medical assessment and then negotiate a settlement.

In practice, the cut-off date for most firms is around three to six months before the three-year deadline. This cut-off varies from firm to firm, and on the circumstances of the claim.

Read more:

How long do I have to claim for a work accident?

How much compensation can I claim for an accident at work?

The amount of money you could claim for your injury will depend on:

• the extent of your injury (general damages), and
• any financial losses or costs you have incurred (special damages).

At the start of your claim, your solicitor will consider the many ways your injury has affected your life. Your solicitor will take all these effects into account to calculate the correct compensation award for you.

General damages

General damages are awarded for Pain, Suffering and Loss of Amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

How is compensation calculated if I have multiple injuries?

Special damages

Special damages is compensation for quantifiable financial losses you've incurred as a result of your workplace injury. Compensation can include lost wages and business losses (if you're self-employed), and any additional expenses directly related to your injury.

These damages will also cover any medical or treatment bills, such as surgery, physical therapy and occupational therapy.

Read more:

A complete list of recoverable losses in a personal injury claim

Average work accident general damages compensation

The following work accident payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Sixteenth Edition by the Judicial College (oup.com).

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

What if I sustained a psychological injury?

If you are concerned about the mental and emotional impact of your injury, you are not alone.

Our 2023 Work Injury Claimant Survey reveals the extent of psychological trauma, with 25.03% of claims involving a psychological injury, 62.38% of which related to a physical injury.

According to the HSE, there 875,000 cases of work-related stress, depression or anxiety in 2022/23. Even relatively minor injuries can trigger PTSD.

Some workers remain hesitant to seek help for potential psychological injuries, fearing that their concerns will be dismissed or they will be treated differently.

Factoring compensation for psychological harm will ensure you receive mental health support and other therapies that may not be readily available on the NHS in your area.

Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.

Read more:

Can I make a work injury claim for psychiatric harm?

I need the money now - can I get an advance on my compensation?

If you suffer financial hardship because of a work injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more:

Can I get interim compensation payments?

What is the work injury claims process?

When making a claim, your work accident solicitor will:

• arrange an independent medical to assess your injuries.
• gather evidence to support your claim.
• notify your employer of your claim.
• ask your employer if they accept liability and if they do, negotiate your compensation with their insurance company.

If liability is not accepted, or a final figure for compensation cannot be agreed, your work injury claim may proceed to court.

What should I do immediately after a work accident?

Dealing with the aftermath of a work accident can be overwhelming. The following steps will help to ensure your safety and that of others, protect your rights, and improve your chances of making a successful claim:

• Get immediate medical attention
• Report the accident
• Follow up with a visit to A&E or your GP
• Keep any receipts, keep a record of your time off work and and notes, emails, SMS or other messages you have relating to the accident

Don't worry if some time has passed since your accident and you didn't take these steps. Your solicitor will work with you to gather the evidence needed to give your claim the best chance of success.

Read more:

What steps to take after a work accident? Checklist

What evidence will I need to support my claim?

A specialist accident at work solicitor will help you to gather medical reports and other evidence in support of your claim. Depending on the circumstances of the accident and the nature of your injuries, this could include:

• A specialist medical report
• Copies of company documents like your contract, training manual, timesheets, and payslips
• A copy of the accident book record
• Witness statements from colleagues
• Photos and video evidence

Read more:

What evidence do I need to make an injury claim?

What do I need to prove in an accident at work claim?

The key facts that must be proved in a work accident claim are:

• your employer breached their duty of care towards you, and
• this breach or negligence caused your injury.

Read more:

What do I need to prove to make a work accident claim?

Will I have to go to court?

Highly unlikely. The vast majority of claims are settled out of court.

Only a very small percentage (approx. 2%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more:

Will my claim go to court, and what happens if it does?

How long will it take to receive compensation?

The time it takes to deal with a claim for an injury at work will depend on the specifics of your case.

Most work injury claims, from the simple to the more complex, usually take about 6 to 9 months to complete. This is an average, however and some complex or disputed claims can take much longer to complete.

If you want to know how long your work injury claim might take, speak to a specialist work accident claim.

If you get hurt at work and make a claim, and your employer quickly agrees that they are responsible, the claim can sometimes be resolved in a matter of weeks.

An employer is more likely to accept responsibility for a job-related injury if the cause was obvious, and obviously not your fault. For example, if you were hurt by a broken machine that wasn't fixed even after it was reported, or if you slipped on a wet floor that wasn't marked, your employer is likely to have breached their duty of care. In such cases, the employer's liability is clear, and the claim process can complete quickly.

If your employer disputes your claim and argues they are not to blame, a work accident claim can take much longer.

An employer is more likely to dispute liability is cases where the cause of the accident is less obvious, such as repetitive strain injuries caused by doing the same task over and over, or from stress at work.

An employer may also challenge their liability if it is less clear that the accident happened "during the course of your employment". Depending on the nature of your job, your employer's solicitor may initially refuse to accept liability if, for example, you were injured during a lunch break away from the office, or during a work social.

To prove your employer is to blame, your solicitor will need to prove that your injuries were caused by your work. Medical evidence can take longer to gather for occupational health conditions, and these claims therefore frequently take longer to prove liability and to negotiate a settlement.

I want more detail on the claim process

For more information on the injury claim process, see:

What is the personal injury claims process in detail?

How much does it cost to make a work accident claim?

The most common way to fund a work accident claim without any upfront costs is with a no win, no fee agreement.

Will I have to pay tax on my compensation?

No. If you receive financial compensation following an injury, specific legislation ensures that you will not have to pay Capital Gains Tax (CGT), or any other tax on the award (sce. gov.uk). This is the case whether a compensation settlement is received as a lump sum or in staggered payments.

Read more:

Will I have to pay tax on my injury compensation award?

Will a claim affect my benefits?

Maybe. If the amount you receive in compensation, when added to your capital, exceeds certain financial thresholds, then your eligibility to receive benefits may be affected.

Read more:

Will my benefits be affected if I claim injury compensation?

Are there other ways to fund a work accident claim?

If you are a trade union member, your membership benefits may include access to free legal advice.

Alternatively, you can fund the claim yourself. If your claim has been rejected by several solicitors, self-funding may be your only option, and will mean you will incur upfront expenses. Self-funding does carry the risk of considerable legal expenses, regardless of whether or not you win your case.

Read more:

How much does it cost to make an injury claim?

How do I start a claim with a work accident solicitor?

The first step is to contact a work accident solicitor for a FREE initial claim assessment.

You can find out if you have a claim in minutes by speaking to a legally trained advisor on 0800 376 1001. Your solicitor will put no pressure on you to proceed with a claim.

Citations

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.