Accident at work claims: your rights explained

Being hurt at work brings a particular worry that other accidents don't: the fear that claiming will cost you your job or sour things with your boss. It rarely does, and the law goes out of its way to protect you. This guide explains, in plain English, what your employer must do to keep you safe, what to do straight after a workplace accident, and how a claim actually works — so you can decide what's right for you from a position of knowledge rather than anxiety. For the wider picture, see our overview of how to claim compensation.

A quick word on what this page is and isn't: we are an independent information service, not a law firm. Nothing here is legal advice about your own situation — for that you'll want an SRA-regulated solicitor who can review your evidence.

Your employer's duty of care

Every UK employer owes its staff a duty to take reasonable care for their health and safety. That duty isn't vague good intentions — it is written into law. The cornerstone is the Health and Safety at Work etc. Act 1974, which requires employers to provide, so far as is reasonably practicable, a safe place of work, safe equipment, safe systems of work, and proper information, instruction, training and supervision.

Sitting beneath that are the Management of Health and Safety at Work Regulations 1999, which require employers to carry out and act on risk assessments — to look at what could cause harm and take sensible steps to prevent it. A failure to assess an obvious risk, or to do anything about a risk it had identified, is often the heart of a successful claim. On top of these sit a series of topic-specific regulations covering the most common ways people are hurt at work.

You do not need to memorise these. The point is simply that when an employer breaches one of them and you are hurt as a result, the law usually treats that as negligence you can claim for. A solicitor will identify which duties were breached in your case.

Who actually pays — the insurer, not your colleague

One of the biggest reasons people hesitate is the feeling that they'd be "taking money off the firm" or getting a workmate into trouble. In reality, you almost never are. The Employers' Liability (Compulsory Insurance) Act 1969 requires nearly all employers to hold employers' liability insurance, with cover of at least £5 million. That policy exists precisely so injured staff can be compensated.

So a work accident claim is paid by your employer's insurer, not from your manager's wages or the company's bank account. It is the insurer that investigates, negotiates and writes the cheque. Most employers display their certificate of insurance somewhere staff can see it, and your solicitor can identify the right insurer even if you can't. This is also why a claim usually has far less effect on your day-to-day work than people fear.

Reporting it: the accident book and RIDDOR

Two kinds of "reporting" matter after a work accident, and they are easy to confuse. The first is your employer's accident book — a simple internal record that any sensible employer keeps. Making sure your accident is written down, dated, and described accurately is one of the most useful things you can do. It fixes the basic facts while they're fresh and is strong evidence later. Ask for a copy of the entry.

The second is reporting to the regulator. Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), employers must report certain serious incidents to the Health and Safety Executive (HSE) — for example specified injuries such as fractures (other than to fingers, thumbs and toes), amputations, injuries causing more than seven days off work, certain occupational diseases, and dangerous near-misses. That duty falls on the employer, not on you.

What to do after a work accident

If you take a few practical steps early, you protect both your health and any future claim. None of this commits you to claiming — it simply keeps your options open.

• Report it and get it in the accident book. Tell your supervisor and make sure a dated, accurate entry is made. Email your manager too so there is a written trail.
• Get medical help. See a first-aider, GP or A&E as appropriate. Your medical records are the single most important evidence of your injury, so don't tough it out silently.
• Record the evidence. Photograph the scene, the hazard and your injuries, and note exactly what went wrong while it's fresh. Our guide to evidence for a personal injury claim explains what helps most.
• Get witness details. Names and contact numbers of anyone who saw what happened, or who knew about the hazard beforehand, can be decisive.
• Keep your costs. Save payslips showing lost earnings and receipts for treatment, travel and anything you've had to pay for.

Our step-by-step what to do after an accident guide covers the immediate aftermath in more detail, and the personal injury claim process guide explains what happens once a solicitor is involved.

Your rights vs your employer's duties

It helps to see the two sides together. Your employer carries the legal duties; you carry a matching set of rights and protections.

Industrial diseases and "date of knowledge"

Not every work injury is a sudden accident. Many of the most serious claims involve illnesses that build up quietly over years — asbestos-related disease, noise-induced hearing loss (NIHL), hand-arm vibration syndrome (HAVS) from vibrating tools, and occupational dermatitis from chemicals or irritants. These often trace back to breaches of duties such as COSHH 2002 or the PPE at Work Regulations 1992.

Because symptoms can appear long after the exposure, the usual three-year limit normally runs not from the exposure but from your date of knowledge — the point at which you first realised, or reasonably should have, that your condition was significant and linked to your work. That means it is well worth checking your position even if you left the job years ago.

Claiming after a work accident isn't about blaming a workmate — it's about holding the safety system to account. The law gives you an insurer to claim against and a job you can't lawfully be sacked from for doing so.

What compensation covers

Work accident compensation (lawyers call it "damages") comes in two parts. General damages compensate the pain, suffering and loss of amenity of the injury itself, valued with reference to the Judicial College Guidelines and your medical report. Special damages cover your financial losses — and in work claims these are often substantial, because time off and reduced earning capacity can run for months or years.

Special damages can include lost wages and overtime, loss of future earnings, medical and rehabilitation costs, travel, care from family, and any aids or home adaptations you need. That's why keeping payslips and receipts matters so much. Our guide to what compensation covers breaks down each category in detail.

No-win-no-fee and the time limit

Most work accident claims run on a no-win-no-fee Conditional Fee Agreement. You pay nothing up front, and normally nothing for your solicitor's work if the claim fails (After-the-Event insurance can cover other costs). If you win, a success fee — capped at 25% of your general damages and past losses — is deducted from your compensation. Always ask exactly what comes out if you win and what you'd pay if you lose, and get it in writing before you sign.

Frequently asked questions