I Had An Accident At Work, What Are My Rights Under UK Law?

‘I had an accident at work, what are my rights?’ If you’re asking that question, this guide will provide all the information you need to seek compensation for a workplace accident. As you read the sections below, the following key pieces of information will strengthen your understanding:

Key Takeaways

  • Your employer has a duty to take reasonable steps to keep you safe at work.
  • You are entitled to claim compensation if you were injured at work and it was your employer’s fault.
  • You have a right to a period of time off work to recover from your injuries.
  • Accidents should be recorded in an accident book and, under certain circumstances, reported to the Health and Safety Executive (HSE), Great Britain’s independent workplace regulator.
  • An experienced personal injury solicitor from our panel could help you with a compensation claim on a No Win No Fee basis.
  • Your employer should not dismiss you for bringing a claim.

We discuss all these key points in more detail below. But if you’d prefer to get a direct answer to the question ‘I had an accident at work, what are my rights? You can:

  • Call on 0800 408 7825 at a time that suits you.
  • Submit the ‘Contact Us‘ form on our website for an immediate response.
  • Start a conversation through the live discussion forum below.

PERSON LAYING UNDER A FORKLIFT TRUCK AFTER AN ACCIDENT AT WORK

Browse A Section Of Our Guide

What Are My Rights If I Had An Accident At Work?

The following worker’s rights after an accident at work apply:

  • You have the right to immediate medical treatment for your injuries, either in the workplace or at the hospital.
  • You can take some time off work to recover without the threat of losing your job.
  • Statutory Sick Pay (SSP) or contractual sick pay is something you may be entitled to receive.
  • You have a right to seek compensation if you can prove your injury was the direct result of employer negligence (we explore the employer’s responsibilities to your health and safety in the next section).
  • Another workplace right is to report the incident in your workplace’s accident book. Your employer may have a responsibility to report your accident to the HSE, and we will look at this in more detail in a coming section.
  • You have the right to report any workplace safety issues or concerns to management, your union or your safety representative. Furthermore, you can join a trade union and access advice and support there. 
  • You can request that reasonable adjustments be made in the workplace if they can help you to return to work.
  • Anyone is free to seek legal advice about a compensation claim.

If you’d like more information on any of these points, please get in touch. Our advisory team can answer the question ‘I had an accident at work; what are my rights?’ in specific detail.

Your Employer’s Duty of Care: What This Means for You

All UK employers have a duty of care to employees as detailed in the Health and Safety at Work etc Act 1974 (HASAWA). This legislation requires them to take both practicable and reasonable steps to ensure employees are protected from harm as they perform their duties at work. With this in mind, eligible claims against a negligent employer must meet three criteria:

  • A duty of care was owed to you.
  • The employer breached their duty of care to you.
  • This caused or contributed to you being harmed.

If you think you meet the above criteria, you can speak to our advisors. They can offer a free assessment of the strength of your accident at work claim and potentially connect you to an expert personal injury solicitor from our panel to get started.

PERSON MOPPING FLOOR IN A WORKPLACE

Reporting Your Injury: Following Workplace Protocol

Reporting an accident can be essential in the workplace to prevent further injuries from happening. Workplaces of more than 10 employees are legally responsible for keeping an accident book on the premises as outlined in Section 25 of the Social Security (Claims and Payments) Regulations 1979. When an accident or an injury happens, an entry should be made in this document.

In addition to this, employers have a duty to report certain matters to the HSE under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR).

Under RIDDOR, the following should be reported:

  • Fatalities
  • Amputations (including fingers, thumbs and toes)
  • Fractures (excluding fingers, thumbs and toes)
  • An injury likely to cause permanent blinding or reduction in sight
  • Crush injuries (torso or head) that result in damage to internal organs
  • Loss of consciousness caused by a head injury or a lack of oxygen (asphyxia)
  • Burns that cover more than 10% of the body
  • Burns that cause significant damage to the respiratory system, eyes or other vital organs
  • Scalping that requires hospitalisation.
  • Injuries caused in enclosed spaces that lead to health-induced illnesses (too hot or too cold) or that require resuscitation or admittance to hospital for more than 24 hours
  • Any injury that results in an over 7-day consecutive absence from work.

There are other rules about occupational diseases, dangerous occurrences and gas-related incidents.

Can You Still Claim if the Accident Was Partially Your Fault?

Under certain circumstances, the fault for the accident and injury may lay with both parties. This is referred to as ‘split liability’. If a compensation claim wins, the courts may still award an amount, but it reflects the level of fault on both sides.

For example, if it is deemed that an employee was 50% responsible for the action that harmed them, they would receive 50% of the overall total compensation that would have normally applied.

Sometimes, whilst you did not cause the accident, you may be partially responsible for your injuries. This is called contributory negligence. An example would be that your employer provided you with a hard hat to wear on a construction site. If you failed to wear it, and something hit you in the head, it could be that the injuries were partially caused by your failure to wear the helmet. You might have your damages reduced by a percentage to reflect this.

Speak to our team about split liability, contributory negligence or accident-at-work claims for more guidance.

Can You Be Fired for Making a Workplace Injury Claim?

You shouldn’t be sacked after an accident at work. If you are, your employer may open themselves up to a claim against them for unfair dismissal. This guide focuses on your rights in relation to a personal injury claim, so this is outside the scope of this guide.

It is in the employer’s interests to keep employees safe at work and they should understand you are allowed to exercise your legal right to claim if you are injured due to their fault. It should also be noted that employers must have employer’s liability insurance. This insurance should come from an authorised insurer and cover up to at least £5,000,000.

Your employer should be covered by insurance, so they would have little reason to sack you for exercising your legal rights. If you are worried about claiming, you can ask our advisors questions when you call. They are friendly and knowledgeable, and there is also no obligation to proceed further.

Your Rights To Sick Pay and Benefits If You Can’t Work

Someone classed as an employee can be entitled to both Statutory Sick Pay (SSP) and any sick pay that is part of a pre-agreed employment contract. You may be entitled to full pay, but this will depend on what your contract says.

Statutory Sick Pay can be paid after three consecutive days of absence. Currently, the amount paid is £116.75 per week for 28 weeks. The first three days are not paid. You may be entitled to other benefits such as:

  • Employment and Support Allowance (ESA) for people who do not qualify for SSP.
  • Universal Credit.
  • Working Tax Credits – these may increase if you are already in receipt and cannot work due to illness.
  • Personal Independence Payment (PIP) – For people under 66 who have mobility issues or need self-care support (this replaced Disability Living Allowance (DLA).

If you are not paid in full and your injury was the fault of your employer, you could claim the shortfall as a loss of earnings in your compensation claim. You can reach out to an advisor to discuss further.

What To Do If Your Workplace Injury Isn’t Taken Seriously By Your Employer

It is possible to proceed with a valid compensation claim even if the issue is not being taken seriously by your employer. Whilst you are free to manage your own claim, personal injury solicitors like those on our panel are experts at representing their clients professionally and seriously. It may be advisable to seek legal advice, and if you can move ahead with the claim, allow the solicitors to communicate with the employer or their insurer instead.

EMPLOYER INSTRUCTING A WORKER ON HOW TO LIFT A BOX SAFELY

What To Do About Mental Health And Stress Following A Workplace Injury

Psychological injury can be part of an accident at work injury. If you experienced shock, anxiety or trauma as a consequence of what happened, it is possible to have an amount calculated and included in a personal injury compensation claim that reflects this.

A head of loss called general damages applies a monetary value to both physical and mental injuries, so if you have a diagnosed psychological injury as a result of the workplace accident, call our advisors. They can assess your case and ensure all the impacts on your health and well-being are considered in a claim against the negligent employer.

Starting Your Workplace Injury Claim

There are a number of actions you can take to begin building your personal injury claim after an accident at work caused by employer negligence:

Collecting Evidence To Support Your Claim

Any personal injury claim for compensation relies on evidence to show how the employer breached their duty of care to your safety. Therefore, it’s important to collect as much of the following:

  • Copies of your medical records (X-rays and specialists’s reports).
  • Copies of any workplace CCTV footage of the accident.
  • A copy of the workplace accident book.
  • The contact details of anyone who saw the accident. If you appoint a solicitor, they will seek supporting statements from these people after the claim has started.
  • Photos or mobile phone footage of your injuries (and the cause).
  • Proof of medical costs incurred.

If you’d like to discuss the evidence you have, get in touch. Our team can help you answer the question ‘I had an accident at work, what are my rights?’ with much more confidence.

PERSONAL INJURY SOLICITOR SEATED AT DESK

How No Win No Fee Solicitors Can Help You

There are a host of advantages to seeing if a personal injury solicitor, such as those on our panel, could take up your claim after a workplace accident. Their decades of first-hand expertise could mean a much more thorough claim for damages is calculated and put forward.

Also, they can take care of all the court correspondence that arises and negotiate directly with the employer’s insurance company on your behalf. Allowing you the time to concentrate on your recovery.

The solicitors on our panel can represent you via a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). There are an array of advantages to starting a work-related injuries claim this way:

  • No fees apply at the start of the claim.
  • No fee applies for solicitors’ services performed as your case advances.
  • No fees apply for clams that do not win.
  • Your solicitors will receive a limited success fee if the claim settles in your favour. The amount is a percentage of the overall compensation.
  • This success fee is capped by law. Therefore, the claimant always benefits first and foremost from the compensation awarded to them.

Contact Our Team

If you’re interested in seeing if a solicitor from our panel could handle your claim after an accident in the workplace, start by accessing your free assessment with our advisory team:

  • Call on 0800 408 7825 for help at a time that suits you.
  • Submit the ‘Contact Us‘ form on our website.
  • Start a conversation through the live discussion forum below.

Other Resources From Our Website:

External resources:

Thanks for reading this guide. We hope it has helped answer the question, ‘I had an accident at work, what are my rights?’ Please connect with the team for any more assistance.