No matter what precautions are put in place, accidents at work can and do happen. Importantly, if you’ve suffered a personal injury at work due to your employer’s negligence, you may be eligible to make an accident at work claim for compensation.
A claim can help cover medical treatment, lost earnings, travel costs, and the longer-term impact the injury has on your life. Many people worry that claiming could affect their job or cause problems at work, but in reality, most accident at work claims are handled through employers’ insurance and are settled without going to court.
This guide explains who can make an accident at work claim, how eligibility is assessed, what evidence helps, how compensation is calculated, and what to do next.
Table of contents
- Who Can Make An Accident At Work Claim?
- Am I Eligible To Make An Accident At Work Claim?
- How Do I Make An Accident At Work Claim?
- Common Causes Of Accident At Work Claims
- Common Injuries Caused By Workplace Accidents
- Evidence To Support An Accident At Work Claim
- How Much Compensation Will I Get For An Accident At Work?
- Accident At Work Claim Time Limits
- Do I Need A Solicitor To Make A Work Accident Claim?
- Frequently Asked Questions
- Starting The Accident At Work Claims Process
Who Can Make An Accident At Work Claim?
An accident at work claim is not limited to permanent employees.
Depending on the circumstances, you may be able to claim compensation if you were injured at work and you were:
- An employee (full-time or part-time).
- An agency worker.
- A contractor or subcontractor.
- Self-employed, where another party was responsible for your safety.
What matters is not your job title, but whether the person or organisation responsible for the workplace failed to take reasonable steps to keep you safe.
Am I Eligible To Make An Accident At Work Claim?
Under laws like the Health and Safety at Work etc. Act 1974, employers must take reasonable steps to keep their staff safe while they’re at work.
Therefore, you may be eligible to make an accident at work claim if:
- Your employer breached their duty of care; and
- This breach caused the accident; and
- You were injured as a result.
For example, you may have a claim if you were injured because your employer didn’t supply personal protective equipment, or a hazard such as a wet floor was not dealt with.
Even if you were partly responsible for the accident, you could still be entitled to compensation. In some cases, claims proceed on the basis of split liability, meaning compensation may still be awarded even when both parties share some responsibility.
How Do I Make An Accident At Work Claim?
If you’re thinking about making an accident at work claim, the steps below can help strengthen your case. Don’t worry if you haven’t done everything, though. Many people still make successful claims weeks or months later.
- Report the accident:
Make sure the incident was recorded in the workplace accident book. If it wasn’t, you could still report it later. - Get medical advice:
Even if time has passed, a medical professional can assess your injury and provide evidence to support a claim. - Gather evidence:
This may include photographs, witness details, CCTV, training records, or medical records. Not having everything doesn’t automatically stop a claim. - Check the time limit:
In most cases, you have three years to start an accident at work claim. - Get legal advice:
A specialist work accident solicitor on our team can review your situation, explain your options, and advise what you could do next.
We provide more information on collecting evidence, claim time limits, and some of the benefits a personal injury solicitor can bring in further sections.
Common Causes Of Accident At Work Claims
Some common causes of work accidents that can result in a claim include:
- Slips, trips, and falls.
- Dangerous practices and procedures in the workplace.
- Defective or poorly maintained equipment.
- Dangerous machinery at work.
- Falls from height.
- Noxious environment or toxic substances.
- Falling objects.
- Non-adherence to Health & Safety regulations.
- Negligence of work colleagues.
- Insufficient or improper training.
- Assault at work.
- Accidents while operating a forklift.
Please call us or request a callback to discuss your accident and options with a specialist.
Common Injuries Caused By Workplace Accidents
Workplace accidents can cause a wide range of injuries, including:
If your injury isn’t listed here, it doesn’t mean you can’t claim. What matters is whether the injury was caused by a failure to keep you safe at work.
Evidence To Support An Accident At Work Claim
If you’re injured at work, gathering strong evidence is important to help show what happened and why you’re entitled to compensation. Useful evidence may include:
- Medical records.
- Accident book reports.
- Witness statements.
- Photos or video of the workplace accident scene.
- CCTV footage.
- Training and risk assessment records.
- Emails or correspondence with your employer.
- Financial records showing losses.
- A diary recording symptoms and daily impact.
Collecting evidence early can make life far easier later on. If you’re unsure what you need, or you think you’re missing something, a personal injury solicitor specialising in employer liability claims can advise you accordingly.
How Much Compensation Will I Get For An Accident At Work?
There is no fixed amount of compensation for an accident at work claim. The value depends on factors such as:
- The severity of your injury.
- How long recovery takes.
- Whether you need time off work.
- The long-term impact on your quality of life.
Compensation payouts generally consist of two main categories: general damages and special damages.
- General damages:
Compensation for pain, suffering, loss of amenity, and psychological trauma. - Special damages:
Covers financial losses, including loss of earnings, medical expenses, rehabilitation costs, and home or vehicle adaptations.
Tip: Keeping receipts and records of your financial losses can significantly affect the final value of your claim.
Workplace Injury Compensation Calculator
As every accident claim is different, it isn’t possible to calculate an exact payout in advance. However, our compensation calculator can give a general idea of general damages based on Judicial College Guidelines, which are commonly used when valuing claims.
*Please note these figures are a guide only. A workplace accident solicitor from our team can provide a more accurate assessment once medical evidence is available.
Accident At Work Claim Time Limits
In most cases, you have three years to start an accident at work claim. This usually runs from:
- The date of the accident; or
- The date you first became aware your injury was linked to your work (the “date of knowledge)”.
Different rules can apply in cases involving those under 18, work-related illness, lack of mental capacity, or fatal accidents, so it’s worth checking how the time limit applies to you.
Do I Need A Solicitor To Make A Work Accident Claim?
You’re not legally required to use a solicitor, but many people choose to do so.
Employers or insurers may dispute responsibility or undervalue a claim. An accident at work solicitor can:
- Gather and organise evidence.
- Value the claim accurately.
- Handle communication with insurers.
- Negotiate a fair settlement.
- Represent you if court action becomes necessary.
Most accident at work claims are handled by No Win No Fee solicitors, meaning there’s no upfront cost and no solicitor’s fees if your claim doesn’t succeed.
Frequently Asked Questions
Below, we’ve answered some common questions about a work accident claim.
Will I lose my job for making an accident at work claim?
Usually, no. If you make a claim for a genuine injury, your employer should not dismiss you or treat you unfairly just for doing so.
Can I still claim if I was partly at fault?
Yes. Under contributory negligence rules, you may still be able to claim, although compensation may be reduced.
Can agency or self-employed workers claim for accidents at work?
Yes. Agency workers, contractors, and some self-employed people may be able to claim if another party was responsible for their safety.
Do I have to report an accident at work to claim?
Reporting helps, but failing to report an accident at work immediately doesn’t automatically prevent a claim. Evidence can still be gathered later.
How long does an accident at work claim take?
Straightforward claims may settle within a few months. More complex cases, where there are serious injuries or work-related illnesses, can take over a year or more.
Who pays accident at work compensation?
Compensation payouts are usually paid by your employer’s Employer’s Liability Insurance, not directly by your employer.
Starting The Accident At Work Claims Process
If you’re considering starting a compensation claim and require assistance, please call us on 0800 6524 881. Our experienced team is dedicated to helping victims of workplace accidents by offering a no-obligation phone consultation. If your accident at work claim is viable, and with your approval, we may assign your case to a solicitor from our team on a No Win No Fee basis.
You can also use live chat or request a callback if you’d prefer to talk things through at your own pace.