Key points to consider when claiming for a work injury or accident
- Employees can claim compensation for injuries caused by unsafe work environments or employer negligence - even if you think you were partly responsible.
- Part-time workers, temps, contractors and zero-hours workers can usually claim.
- Claims are handled on a no win, no fee basis.
- You have up to 3 years from the date of your injury to start a claim.
- Your cannot be fired or be discriminated against for making a claim.
- The amount of compensation you will receive will depend on the seriousness of your injury, and your financial losses and expenses. You can calculate your compensation here.
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.
We can help 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 work accidents?
The most common types of work accidents in 2022/23 were:
| Work accident type | Percentage |
|---|---|
| Slips, trips and falls | 29% |
| Manual handling | 19% |
| Hit by a moving object | 11% |
| Assault/violence | 9% |
| Falls from height | 8% |
The most common injuries reported to the HSE included:
| Work injury type | Percentage |
|---|---|
| Fractures | 31% |
| Sprains and strains | 26% |
| Contusions | 10% |
| Cuts and open wounds | 9% |
| Burns and shock injuries | 3% |
Serious workplace injuries, including amputations, crush injuries and head and brain injuries are becoming less common as safety standards improve, but health and safety failings still resulted in over 60,000 reports of serious injuries and 135 fatal work accidents in 2022/23 (hse.gov.uk).
How much can I claim for an accident at work?
The amount of work accident compensation you can claim depends on:
- The seriousness of your injury,
- Its impact on your daily life and ability to work, and
- Any financial losses or costs incurred.
When you begin a claim, your solicitor will assess how the accident has affected your life and use this information to calculate your compensation.
Work accident injury
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General damages for a work accident
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 are compensation for quantifiable financial losses you've incurred as a result of your workplace injury.
If you'd like more information on claimable losses, see our complete list of everything you can claim for. Examples of claimable losses include:
- Loss of earnings during your recovery (including lost wages, bonuses and commission)
- Business losses (self-employed)
- Medical and treatment costs (e.g. physical therapy and occupational therapy)
- Travel costs (e.g. taxis for hospital visits)
Other questions about compensation
Can I get an advanced payment 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?
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?
What if I suffered 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?
Average work accident general damages compensation table
The following work accident payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th 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).
Ankle injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Minor fractures, sprains, and ligament injuries with full recovery | Up to £15,250 |
| Moderate | A fracture or ligament injury with mild ongoing symptoms | £15,250 to £29,500 |
| Severe | Lengthy treatment required, and your ability to walk has been permanently affected | £34,740 to £55,540 |
| Very severe | Severe ongoing symptoms that are likely to worsen in the future | £55,540 to £77,340 |
Arm injury
| Severity | Example | Amount |
|---|---|---|
| Forearm fracture(s) | Simple fracture to one or both forearms; | £7,330 to £21,300 |
| Less severe | Less severe injury to one or both arms, with onoing disability but good prospects for recovery | £21,300 to £43,460 |
| Serious | Serious fracture of one or both forearms, with scarring and/or ongoing disability | £43,460 to £66,410 |
| Severe | Very serious impairment, disability and damage, similar to having lost the arm entirely | £106,690 to £145,250 |
Back injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | A back sprain, disc prolapse, soft tissue injury or minor fracture that fully recovers without surgery | £2,720 to £13,870 |
| Moderate | A disc lesion, prolapse, fracture or soft tissue injury leading to chronic conditions, including pain, mobility issues, impaired sexual function, psychological effects, a risk of arthritis, spondylolisthesis, and nerve root irritation | £13,870 to £30,800 |
| Severe | Severe spinal cord damage, nerve root damage, disc lesions, fractures and soft tissues leading to serious chronic conditions | £43,020 to £178,590 |
Chest injuries
| Severity | Example | Amount |
|---|---|---|
| Rib fracture or soft tissue injury | Serious pain and/or disability for several weeks | Up to £4,380 |
| Collapsed lung | Full uncomplicated recovery | £2,440 to £5,910 |
| Toxic fume or smoke inhalation | Some lung damage, but lung function is not affected | £5,910 to £13,970 |
| Chest injury (no damage to lung) | A chest injury with no significant, permanent lung damage (e.g. a penetrating chest wound) | £13,970 to £19,930 |
| Damage to chest or lung | Some ongoing disability | £34,740 to £60,840 |
| Traumatic lung injury | Lung function is significantly affected, causing disability and/or reduced life expectancy | £72,950 to £111,680 |
Elbow injury
| Severity | Example | Amount |
|---|---|---|
| Recovery within 18 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms | Up to £3,920 |
| Recovery between 18 to 36 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms | Up to £7,210 |
| Recovery after 36 months | Simple fractures, cuts or injuries (e.g. tennis elbow) with no permanent symptoms or damage | Up to £13,970 |
| Permanent impairement of function | Injuries with permanent symptoms, where surgery is not required | £17,360 to £35,520 |
Eye injury
| Severity | Example | Amount |
|---|---|---|
| Short-term eye injury | Complete recovery within a few weeks | £2,450 to £4,380 |
| Minor eye injury | Pain and temporary interference with vision during your recovery | £4,380 to £9,690 |
| Minor but permanent loss of some vision | Symptoms affecting one or both eyes, including double vision, blurred vision, or sensitivity to light | £10,110 to £23,270 |
| Moderate loss of some vision in one or eye | Serious but incomplete loss of vision in one or both eyes, or blurred vision and light sensitivity in both eyes | £26,270 to £43,670 |
Hand injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) injuries to one or both hands | A fracture or break recovering within 6 months, and/or with scarring, tenderness and pain in cold weather | Up to £5,270 |
| Moderate injuries to one or both hands | Moderate crush injuries, penetrating wounds, or deep cuts | £6,280 to £14,730 |
| Moderate/serious injuries to one or both hands | Serious crush injury that causes impaired function andthat cannot be resolved with surgery | £16,040 to £32,170 |
| Serious injuries to one hand | Amputation of fingers and/or part of the hand, or a serious hand injury causing a reduction of grip, dexterity and cosmetic damage | £32,170 to £68,680 |
| Serious damage to both hands | Permanent cosmetic damage and loss of function to both hands | £61,880 to £93,820 |
Knee injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | E.g. dislocation, torn cartilage or meniscus, that could cause future symptoms or weakness, or that exacerbated an existing injury | Up to £15,250 |
| Moderate | More serious knee injuries with a greater risk of future symptoms, pain and weakness | £16,460 to £29,050 |
| Serious | E.g. a leg fracture that extends to the knee joint, or injuries that cause constant pain and restricted movement, and/or a risk of osteoarthritis or future knee surgery | £29,050 to £48,210 |
| Severe | Severe symptoms, including ongoing pain, disability and which are likely to worsen and require future surgery (arthroplasty or arthrodesis) | £57,830 to £77,360 |
| Very severe | Very severe knee injury with joint disruption, osteoarthritis, ligament damage and significant pain, and/or requiring extensive surgery | £77,360 to £106,740 |
Leg injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Short-term and minor soft tissue injuries | Up to £13,140 |
| Less serious | Less serious injuries, e.g. simple leg fractures | £10,110 to £15,620 |
| Moderate | Including multiple leg fractures and crush injuries | £30,800 to £43,490 |
| Serious | Serious leg injury e.g. compound or comminuted fractures;Injuries to joints or ligaments;Long period of no weight bearing;Probability of arthritis; | £43,490 to £60,840 |
| Very Serious | Permanent mobility problems that require mobility aids (e.g. a stick, walker or wheelchair), and/or deformity and limited movement where future surgery is likely | £60,840 to £99,350 |
| Severe | Severe leg injury where no amputation has been necessary, including degloving, shortening or where bone grafting is required | £106,780 to £150,780 |
Neck injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Soft tissue injury | £2,720 to £8,750 |
| Moderate | Fracture or dislocation injuries, or worsening of existing conditions, including wrenching, disc lesions and cervical spondylosis | £27,730 to £42,700 |
| Serious | Severe fractures, dislocation, soft tissue damage, ruptured tendons, and/or chronic disability | £50,450 to £62,120 |
| Severe | Serious fractures or damage to discs, with disability and substantial loss of neck movement, including loss of function in one or more limbs | £72,950 to £145,250 |
| Very Severe | Incomplete paraplegia, spastic quadriparesis, and/or very restricted neck movement | Around £164,560 |
Pelvis and hip injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Injury with no residual disability and complete recovery in under 2 years | £4,380 to £13,970 |
| Moderate | Ongoing symptoms but no major disability | £13,970 to £43,460 |
| Serious | Including fracture of acetabulum and injuries with a risk of future hip replacement surgery or leg instability | £43,460 to £58,250 |
| Severe | More serious leg injuries with worsening future symptoms | £68,680 to £86,980 |
| Very severe | Including extensive fractures, dislocation, bladder injuries, spondylolisthesis, exteme pain and permanent disability | £86,980 to £145,250 |
Shoulder injury
| Severity | Example | Amount |
|---|---|---|
| Soft tissue injury | Soft tissue injury with recovery in under 1 year, causing considerable pain | £2,720 to £8,750 |
| Clavicle fracture | Injuries causing some pain and disability, e.g. a displaced, fractured clavicle | £5,710 to £13,580 |
| Moderate | Soft tissue injury with recovery in under 2 years, and/or limited shoulder movement or frozen shoulder | £8,750 to £14,160 |
| Serious | Including dislocation of the shoulder and damage to the lower part of the brachial plexus, shoulder, neck and elbow pain, rotator cuff injury, leading to weakened grip and restricted movement | £14,160 to £21,300 |
| Severe | Serious shoulder/brachial plexus injury resulting in significant disability; | £21,300 to £53,280 |
Wrist injury
| Severity | Example | Amount |
|---|---|---|
| Lesser | Relatively minor soft tissue injury or displaced fracture, with a full recovery within 12 months | £3,920 to £5,260 |
| Moderate | Uncomplicated Colles' fracture | Around £8,250 |
| Moderate | Fracture or soft tissue injury with complete recovery | £6,750 to £11,480 |
| Serious | Some permanent disability, persistent pain and/or stiffness | £13,970 to £27,180 |
| Severe - Some useful movement retained | Significant permanent disability, with largely restricted movement | £27,180 to £43,460 |
| Very Severe - Complete loss of function | Complete and permanent loss of wrist function | £52,830 to £66,410 |
What are my rights after a work accident?
Employers have a legal duty to provide a safe work environment. In most cases, they are responsible (liable) if you're injured while performing your job.
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 must maintain a safe workplace by providing proper tools, PPE, training, and regularly assessing risks. If they fail in these duties and you’re injured, they may be held liable, even if their inaction caused the injury.
Negligence can also be found if safety checks and risk assessments aren't done regularly, regardless of how long the task has been completed without problems.
Can I make an accident at work claim?
If you've been injured or made ill in the last three years and it wasn't your fault, then you can make a work accident claim.
What if?
I was partly to blame
Personal injury claims where both the defendant and claimant share some responsibility are common.
In our 2024 Work Injury Claimant Survey, 26.02% of respondents believed they were partly at fault for their accident.
When both sides are partly responsible for the injuries, this is known as 'contributory negligence'. In such cases, compensation may still be awarded based on a split liability agreement.
Read more:
Can I claim if I was partly responsible for my accident?
I'm a temp, self-employed or on zero-hours contract
If you're injured at work, your eligibility to claim compensation is the same whether you're a full-time or part-time employee.
Agency and temp workers
Work injury compensation claims are typically made against the company where you were injured, not the agency that employed you.
However, if the agency has more control over your role, such as providing training or equipment, they may be liable instead.
PPE
The Personal Protective Equipment (PPE) at Work (Amendment) Regulations 2022 require employers to provide free PPE to all workers, including those who are self-employed or on zero-hours contracts.
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
I was injured working from home
When you work from home (WFH), your legal rights as an employee are the same as if you were on your employer's premises.
As a home worker, you may be able to claim compensation if you're injured while working from home. Eligibility depends on the specifics of the accident and your employer's responsibility to keep you safe.
Employers are generally not liable for accidents caused by things beyond their control, like a trip caused by a family member. However, they should still conduct a risk assessment of your home workspace and provide proper tools, equipment, and training.
If you're injured by faulty or inadequate equipment provided or approved by your employer, they may be liable, no matter where you work.
Read more:
I work from home - Can I still make a work injury claim?
I work in a high-risk industry
It's a misconception that working in a high-risk industry, like agriculture or construction, means you should accept injuries as part of the job.
In fact, stricter health and safety regulations apply to dangerous industries, with specific laws in place to protect workers at higher risk.
If you're injured in a high-risk job, these regulations can make it easier to prove employer negligence, such as failing to provide proper PPE or managing exposure to chemicals, noise, or other hazards.
Read more:
Can I claim if I was injured working in a high-risk industry?
I want to claim for someone else
It's possible to claim compensation on behalf of someone else as a 'litigation friend'.
If a person is too young, vulnerable, too injured, or otherwise unable to claim themselves, a litigation friend can manage the claim for them.
The litigation friend communicates with the solicitors and makes decisions regarding the claim.
Read more:
Can I make an injury claim on behalf of someone else?
My employer has ceased trading
You can still claim compensation for a work injury even if your employer has ceased trading.
However, the process may take longer, as your solicitor will need time to locate your ex-employer's insurance company from when the injury occurred.
Read more:
Can I still make a claim if my employer went bust?
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.
FAQs
What is the work injury claims process?
When making a claim, your work accident solicitor will:
- Arrange an independent medical assessment of your injuries.
- Gather evidence to support your claim.
- Notify your employer of the claim.
- Ask your employer if they accept liability and, if they do, negotiate compensation with their insurer.
If liability is not accepted or a compensation amount can't be agreed, your claim may go to court.
Read more:
What is the personal injury claims process in detail?
What should I do immediately after a work accident?
Dealing with a work accident can be stressful. Follow these steps to protect your safety and rights, and improve your chances of a successful claim:
- Seek immediate medical attention.
- Report the accident to your employer.
- Follow up with a visit to A&E or your GP.
- Keep receipts, records of time off work, and any notes or messages related to the accident.
If you didn’t take these steps right away, don’t worry. Your solicitor will help gather the necessary evidence to strengthen your claim.
Read more:
What steps to take after a work accident? Checklist
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?
What evidence will I need to support my claim?
To support your claim, a specialist accident at work solicitor will help gather medical reports and other evidence. This may 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 or video evidence of the accident or injury site
The exact evidence will depend on the specifics of your accident and injuries.
Read more:
What evidence do I need to make an injury claim?
Will I have to go to court?
It’s highly unlikely you’ll need to go to court, as most claims are settled out of court.
Only around 2% of personal injury claims go to court, typically in very complex cases or where liability is disputed.
If your case does go to court, it will be decided by 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 get my compensation?
The time to resolve a work injury claim depends on your case specifics. Most work injury claims take 6 to 9 months, but complex or disputed cases can take longer. If your employer quickly accepts responsibility, it may be settled in a few weeks, especially when the cause is clear, like a broken machine or an unmarked wet floor.
If liability is disputed, the process will take longer, particularly in cases like RSI or those occurring outside typical duties, such as during breaks.
Are there any alternatives to no win, no fee?
Most claims are funded on a no win, no fee basis.
If you're a trade union member, your benefits may include free legal advice.
You might also have legal protection insurance through home, motor, or credit card benefits. Your solicitor will check if this covers a no win, no fee work accident claim, as not all policies do.
Read more:
How much does it cost to make an injury claim?
Could I lose my job if I make a claim?
No, you cannot be legally dismissed for making a claim against your employer.
If you're injured at work, you have legal rights that ensure:
- You receive the compensation you're entitled to.
- You are treated fairly throughout the claims process.
Your employer cannot dismiss or threaten to dismiss you for making a claim. If they do, it could lead to a case of unfair or constructive dismissal. The law is clear on this point.
Read more:
Could I lose my job if I make a work injury claim?
Making a no win, no fee work accident injury claim
With no win, no fee, you can claim work accident compensation without financial risk. If your claim isn’t successful, you pay nothing. If you win, you pay only a pre-agreed percentage of your compensation.
Read more:
Get expert advice now
Interested in talking to a work accident specialist about your claim?
- Calls are FREE
- Confidential consultation
- No obligation to claim
- No Win No Fee solicitors
Call 0800 376 1001
We are open until 9pm this evening.
or arrange a callbackSources
Compensation Recovery Unit performance data - GOV.UK (reviewed: 29/07/2024)
Health and Safety statistics: 2022 to 2023 annual release - GOV.UK (reviewed: 01/08/2024)
Judicial College - Courts and Tribunals Judiciary (reviewed: 28/07/2024)
Managing risks and risk assessment at work – Overview -HSE (reviewed: 02/08/2024)
Personal protective equipment (PPE) at work regulations from 6 April 2022 (reviewed: 27/07/2024)
Post-traumatic stress disorder (PTSD) - NHS (reviewed: 28/07/2024)
Statistics - About HSE statistics (reviewed: 30/07/2024)
Statistics - Work-related fatal injuries in Great Britain (reviewed: 02/08/2024)
Guidelines for the Assessment of General Damages in Personal Injury Cases (reviewed: 27/07/2024)
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.