What is an accident at work claim?

An accident at work compensation claim is a legal process in which an employee seeks financial compensation from their employer for injuries sustained while under their care. Successful claims are made when it can be proven that the employer’s negligence in providing a safe working environment caused the accident.

When can I make a claim for an accident at work?

You can claim compensation for an accident at work if the accident was not your fault and was caused by your employer’s negligence.

In most cases, you will have up to three years from the date of your accident to start your claim.

UK law requires all employers to have a legal responsibility for the safety of their staff. If you have been injured at work because your employer has failed to meet these responsibilities, you may be able to claim compensation.

Our specialist accidents at work solicitors have over three decades of experience successfully representing clients who have suffered an injury at
work through no fault of their own. Speak to us today and start your no win no fee claim.

What are my employer’s legal responsibilities to protect me in the workplace?

Complying with all health and safety regulations is a legal requirement for your employer to ensure a safe working environment. Employers have a duty of care to their employees.

Such regulations include the Health and Safety at Work Act 1974 and the Six Pack Regulations 1992. Additionally, where relevant, the 1992 Manual Handling Operations Regulation, and the Work at Height Regulations 2005 Act also must be implemented.

While at work, you are under your employer’s duty of care. Legally, they have to provide a safe workplace environment with well-maintained equipment, high-quality protective wear, and adequate training.

As part of your employer’s duty of care, they should, where applicable:

• Provide training on how to do your job safely, including health and safety training
• Carry out regular risk assessments and eliminate identified hazards wherever possible
• When required, provide protective clothing or equipment
• Ensure all equipment is adequately and regularly maintained or repaired when needed
• Keep the workplace clean, tidy and organised, especially after spillages
• Display appropriate hazard warning signs when necessary

If your employer hasn’t met the legally required level of duty of care, and you have been injured as a result, you may have a legal right to claim compensation for their negligence.

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

The compensation you could receive for an accident at work will depend on the severity of your injuries and their impact on your life. There is no fixed amount of compensation as each case is unique.

Compensation is awarded based on the level of pain and suffering you may have experienced, loss of income and any expenses, including medical expenses you may have incurred.

Compensation received for accidents at work are not subject to tax.

What is the average amount of compensation for an accident at work?

There is no fixed average compensation amount for an accident at work because each claim is unique. The level of compensation awarded may vary considerably based on the part of your body that was injured, the severity of your injuries, the impact on your life and any financial losses.

How is compensation calculated for an accident at work?

Compensation amounts for an accident at work claim are calculated by combining the compensation amounts you may be legally entitled to for general damages and special damages.

What are general damages for accident at work claims?

General damages in an accident at work claims refer to the amount of compensation awarded for pain, suffering and loss of amenity, sometimes known as PSLA. Compensation for general damages considers both the physical and psychological impact the injury may have caused, including consideration for the loss of enjoyment of life and ability to participate in day-to-day activities.

General damages are calculated from the Judicial College Guidelines. These guidelines are used as a reference point for accurately valuing your claim.

In addition to claiming for general damages, you can claim for special damages.

What are special damages for accident at work claims?

Compensation for special damages for an accident at work is awarded for expenses you may have incurred or may incur in the future as a direct result of your injuries.

The amount of compensation you may receive for special damages may include, but is not limited to:

• Any loss of income or potential future income, including pensions
• Any medical costs associated with your injury, including rehabilitation and ongoing medical treatment
• Any costs related to adaptations you may need to make to your home
• Any costs for the care you may have or will need to receive, even if a family member or friend provides this
• Any out-of-pocket expenses you or anyone who has cared for you may have incurred
• Any travel and motor expenses, including the cost of travel to and from appointments and parking costs

How long after an accident at work can I claim?

In most cases, you will have three years from the date of the accident at work or the date you became aware of your injuries. For the latter, your injuries will need to be diagnosed by a medical professional.

The three year period is set by the Limitation Act 1980. However, there are exceptions.

What are the exceptions to the three year time limit for starting an accident at work claim?

The timeframe for making an accident at work can be extended beyond the statutory three year period in the following circumstances:
The accident at work proved fatal.

In these extremely unfortunate circumstances, the three year time limit starts from the date of death rather than the date of the accident.

You are claiming for an industrial disease

If you are claiming for an industrial disease such as asbestos or mesothelioma, the three year period would only start from the date the person was made aware their illness was related to exposure at work. Unfortunately, in many cases, this can be decades after the initial exposure to the harmful substance.

The person who was injured lacks the mental capacity to claim.

The timeframe to claim is extended until the person may be able to claim. If this is not possible, a trusted family member may claim on their behalf.

The injured person was a child

The time limit for minors to claim is paused if the injured person was under the age of 18 at the time of the accident. They will have up to three years after their 18th birthday to start their claim. Alternatively, a parent or legal guardian can claim on their behalf within the same period.

A manufacturing or design fault caused the accident

If a piece of equipment is later found to have been faulty, for example, through a product recall investigation, you would have three years from the date you became aware of this.

What types of accidents at work can I claim for?

You can claim compensation for any accident at work as long as it can be proven that your injuries were caused by your employer’s negligence or failure to provide a safe working environment.

Our specialist, experienced solicitors have years of experience successfully representing clients who have suffered an injury at work through no fault of their own. Some of the most common types of accidents at work include;

Slips, trips and falls at work

Claims for slips, trips or falls at work are common. They are usually because of injuries caused by wet or uneven floors, poor lighting, unexpected obstacles, or falls from height.

Industrial diseases

Claims for exposure to asbestos or mesothelioma can lead to long term severe health conditions. If you have symptoms consistent with exposure to harmful substances, you may be able to claim compensation.

Noise-induced hearing loss

Claims for industrial deafness and noise-induced hearing loss can be made if you have been exposed to high levels of sound in the workplace that go beyond the guidelines in The Control of Noise at Work Regulations 2005.

Construction site accidents

Claims for accidents on building sites are common as they can be a hazardous work environment, with the potential for injuries from heavy equipment, slips and manual handling are common.

Factory accidents

If you have suffered an accident from a forklift truck or falling objects in a factory, you have a right to claim compensation.

Inadequate training

Electric shocks, manual handling, and burns are just three of the most common types of accidents at work caused by inadequate training.

Electric shock injuries

You can claim for electric shock injuries if you haven’t been trained correctly or the electrical equipment has not been adequately maintained.

Accidents caused by machinery

You can make a claim for defective machinery at work if the machinery is faulty and not working as expected or has not been maintained to the levels required.

Manual handling accidents

Manual handling at work claims can be brought for injuries caused by lifting heavy objects, especially if adequate training or equipment was not provided. More often than not, these include claims for back injuries at work.

Accidents caused by falling objects

Injuries at work caused by falling objects are most commonly caused by inappropriate storage or inadequate safety measures.

According to the Health and Safety Executive, 604,000 non fatal injuries at work were reported in Great Britain in 2023/24.

Of these, just over 61,000 were reported by employers using RIDDOR, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations

Over three quarters of these injuries resulted in absences of less than 7 days.

The report also categorised the type of injury as follows.

• Slips, trips and falls – 31%
• Handling, carrying or lifting – 17%
• Struck by a moving object – 10%
• Acts of violence – 9%
• Falls from a height – 8%

Can I make a no win no fee accident at work claim?

Yes, all clients represented by Beacon Law are represented on a no win no fee basis. Often known as a Conditional Fee Agreement (CFA), no win no fee provides reassurance to those who have suffered an injury that they will be at no financial risk when making a claim.

As part of our no win no fee agreements, clients are protected from any upfront legal costs or hidden charges and can focus on recovering from their injuries without the stress of any financial risk.

A fee, sometimes known as a success fee, will only be paid once your claim is successfully settled. The amount is usually a small percentage of the total compensation amount and will be agreed between us before legal proceedings begin. This payment is to compensate your solicitor for their time and work put into assisting on your case.

In some cases, we recommend that an After The Event (ATE) insurance policy is taken out. This protects you in the rare instance that the claim is unsuccessful. An ATE policy means you have no upfront costs and nothing to pay if you lose the case.

Beacon Law provides complete transparency with how we charge our clients. All fees and costs will be explained at the beginning of the claim.

How much does it cost to make a no win no fee injury at work claim?

Our no win no fee legal services for accident at work claims mean you will not have any upfront costs and will not pay a penny if your claim is unsuccessful.

If your claim is successful, the person you are claiming against will usually pay the majority of the legal costs, and you will only have to pay the agreed fee at the beginning of the claim process. Typically, this fee is less than 25% of the compensation you may receive.

If you are a member of a trade union, you may be able to receive free legal advice and representation as part of your membership.

How long does an accident at work claim take to settle?

The length of time it takes for an accident at work claim to be settled varies depending on the complexity of the case.

Straightforward cases, where liability can be clearly established, may settle between 6-9 months, while more complex cases can take more than 12 months.

As a general guide, the length of time a claim may take to settle will depend on how easily liability can be established, followed by how quickly both parties can agree upon an accurate amount of compensation should be awarded.

What should I do if I’ve been injured at work?

If you’ve been injured while at work, you should get medical attention for your injuries before anything else.

Once you can, you should report the accident to your manager or employer and confirm it is recorded in the workplace accident book.

Your employer is legally bound to report certain accidents to the Health and Safety Executive (HSE) under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations, often known as RIDDOR.

We recommend that you gather as much evidence as possible. Depending on the accident, such evidence might include photos or video of the accident scene, including any hazards.

Ask anyone who saw the accident if they would be willing to make a statement of what they saw.

If the accident was caused by defective machinery or similar, take a note of the type and serial number and any other relevant information.

What do I need to prove when claiming for an accident at work?

To successfully claim for an accident at work, you must prove that your employer’s negligence caused your injuries.

With the help of our solicitors, we will need to show that your injuries were caused by your employer’s breach of their duty of care to you and that you have evidence to support your claim. This is sometimes known as “causation.”

We will need to support your claim with evidence. Our solicitors may ask for the following information when you contact us.

• A copy of the accident report that was filed in your company’s accident report book
• Witness statements from colleagues or anyone who saw the accident and are happy to provide a statement
• If available, photographs or video of the accident scene, including CCTV footage
• Any information, such as workplace safety records or evidence that risk assessments were not conducted or maintenance of equipment was not carried out to the legal requirements
• Investigate if there have been any similar accidents or complaints that may be relevant to your accident
• Medical records from your GP or hospital you may have visited after the accident, including any treatment you may have received or are currently receiving
• Records of any financial losses incurred because of your accident.

Do not worry if you do not have all of this information. Our solicitors can help compile this information on your behalf which will help to build the most comprehensive case possible to support your claim for compensation.

However, to help our solicitors gather as much evidence as possible to support your case, we recommend that you start your claim as soon as possible after your accident took place.

How do I start an accident at work claim?

The best place to start an accident at work claim is to speak to us. Based on the circumstances of your accident, we will be able to let you know your legal rights and how much compensation you may be legally entitled to claim.

Can I claim for an accident at work even if I’m partly at fault?

Yes, claiming for an accident at work is possible even if you were partly at fault. Contributory negligence or split liability recognises that more than one party can be responsible for some accidents in the workplace. In these instances, you may still be able to claim for compensation where your employer may only be partly to blame.

However, the compensation amount may be reduced to reflect your share of the blame.

For example, if it is agreed between both parties that liability is split equally, only 50% of the compensation amount would be awarded.

Can I be sacked if I make an accident at work claim?

No, you will not risk losing your job if you make an accident at work claim against your employer.

UK employment law is very clear on this matter and protects employees from unfair treatment. Your employer can not dismiss you for making a claim against them.

Additionally, they can not penalise you, adjust your current position, or create a working environment that may cause you to resign. If any of these examples occurred, you would have the right to bring a constructive dismissal claim.

Frequently Asked Questions about claiming for an accident at work.

What is employers’ liability insurance?

Employers’ liability insurance is a legal requirement for most businesses that employ people. The insurance protects businesses against the costs they may incur if a claim is made against them, including claims for an accident or an injury caused by their negligence.

Who pays the compensation in an accident at work claim?

In most cases, the employer’s liability insurance pays the compensation awarded to an employee if they have successfully proved their employer was negligent in their duty of care.

During the claim process, it is common for the negotiations to take place between the insurance company and the injured party’s solicitors.

Can I claim for an injury at work if I’m working on a zero-hour contract?

Yes, your legal rights are the same as all other types of employment, even if you are on a zero-hours contract. Your rights to a duty of care from your employer remain. Therefore, if your employer’s negligence has caused you to suffer an injury, you have the legal right to claim compensation.

Can I claim for an accident at work if I’m a self-employed contractor?

Yes, the Health and Safety at Work Act 1974 protects self employed contractors by placing a duty of care on those in control of work premises to ensure a safe working environment, including for both contractors and freelancers. The employer has a duty of care to protect all those in the workplace, regardless of the environment.

When does the Health and Safety Executive (HSE) investigate workplace accidents or occupational illnesses?

In some cases, there may be an independent investigation outside of your claim. Under UK law, employers must report all workplace injuries and illnesses to the HSE; otherwise, they are subject to heavy fines.

The HSE will investigate reports it considers “serious,” such as death, multiple fractures, blinding, head trauma or amputation, and occupational diseases, like asbestos exposure. However, you do not have to wait for the HSE to finish investigating before making a claim.