Accident at Work Claims: A Complete Guide for Injured Workers

If you have been injured in an accident at work, you may be entitled to claim compensation from your employer. This guide explains everything you need to know about accident at work claims in the UK — from who can claim, to what the process involves, to how compensation is calculated.

Please read this guide alongside proper legal advice. Whether your specific situation gives rise to a valid claim will depend on the evidence, the law, and the individual circumstances of your case.

What is an accident at work claim?

An accident at work claim is a type of personal injury claim made against an employer by a worker who has been injured in the course of their employment. The legal basis is that the employer owed the injured person a duty of care, that duty was breached, and the breach caused the injury.

How an accident at work claim compares with other processes

A compensation claim, a Health and Safety Executive investigation, and an employment claim have different purposes. One does not automatically replace another.

Accident at work claims are civil claims — separate from criminal prosecutions by the Health and Safety Executive, and separate from employment law claims. You may have rights under more than one area of law.

Who can make an accident at work claim?

You may be able to make a claim if:

• You were employed (full-time, part-time, temporary, agency, zero-hours, or apprenticeship)
• You were injured in an accident that occurred in the course of your employment
• The accident was caused wholly or partly by your employer's failure to take reasonable care
• You suffered a physical or psychological injury as a result
• You are within the applicable time limit

New starters, agency and zero-hours workers

Length of service makes no difference. An accident in the first hour of your first shift is treated the same as one after years in the job, and being on probation or not yet having signed a contract does not matter if you were doing work for the employer. If anything, a new starter is owed more care: employers are expected to give induction, training and supervision proportionate to your experience. Being put straight onto a task without a safety briefing, not being shown hazard zones, or being rushed to “get started” can itself be the breach that caused the accident — and your employer cannot fairly argue that a new starter “should have known better” about a hazard nobody pointed out. Induction and training records (or evidence that there were none) are key evidence.

Agency and zero-hours workers are owed the same duty of care as permanent staff; your status affects who the claim is made against, not whether you can claim. See agency worker accident claims and claims by the self-employed.

Where we can help

England and Wales. Claims for accidents anywhere in England and Wales are handled by Edward & Amaury Solicitors under the law of England and Wales, whether you work on a construction site in London, in an NHS hospital in Manchester, a distribution hub in the Midlands or Wentloog, or an office in Cardiff or Leeds. We have local guides for accident at work claims in London, accident at work claims in Manchester, accident at work claims in Birmingham and accident at work claims in Leeds. Compensation is assessed under the same Judicial College Guidelines wherever you are — location does not change the brackets, although higher local salaries or contractor day rates can increase a loss-of-earnings claim. Most claims are handled by phone, email and post, so you do not need to live near our Carlisle office. If proceedings are needed, claims worth under £50,000 must be started in the County Court; higher-value claims can start in the High Court.

Health and safety law is not devolved in Wales, so Welsh claims follow exactly the same rules and three-year time limit as English ones. Under section 22 of the Welsh Language Act 1993 any party or witness may speak Welsh in proceedings in Wales — ask at the outset if you would like Welsh-language correspondence.

Scotland. Scottish claims are run under Scots law and through the Scottish courts, which Edward & Amaury do not handle. We can refer you, with your agreement, to a Scottish firm — see accident at work claims in Scotland.

Northern Ireland. Northern Ireland has its own courts and procedure. Contact us and we will tell you honestly whether we can help or where to go.

What counts as employer negligence?

Common examples of employer negligence in accident at work claims include:

• Failing to carry out adequate risk assessments
• Failing to provide adequate training or supervision
• Failing to provide appropriate personal protective equipment (PPE)
• Failing to maintain safe equipment and machinery
• Failing to implement safe systems of work
• Failing to address known hazards in the workplace
• Failing to comply with manual handling regulations

What evidence can help your claim?

• An entry in your employer's accident book
• Photographs of the scene, hazard, or injury
• CCTV footage
• Witness names and contact details
• Medical records from your GP, hospital, or treating clinician
• A RIDDOR report (if one was made)
• Your employer's risk assessments and training records
• Wage slips showing your earnings before and after the accident
• Receipts for out-of-pocket expenses

What can accident at work compensation include?

General damages

General damages compensate you for the non-financial impact of your injuries — pain and suffering, loss of amenity, and psychological impact. The amount is assessed by reference to medical evidence and the Judicial College Guidelines.

Special damages

Special damages compensate you for actual financial losses caused by the accident:

• Lost earnings (past and future)
• Medical treatment and rehabilitation costs
• Travel expenses to medical appointments
• Care and assistance costs
• Home adaptations or specialist equipment
• Pension loss in serious cases

How the claims process works

1. Initial enquiry — contact us for a free assessment
2. Case assessment — we review the facts and advise on merit
3. Funding agreement — usually no win no fee
4. Evidence gathering — medical records, accident records, witness evidence
5. Medical examination — independent report obtained
6. Letter of Claim — formal notice sent to your employer
7. Employer/insurer response — investigation and liability decision
8. Negotiation — most claims settle without court
9. Settlement or court proceedings if parties cannot agree

How long do claims take?

Straightforward claims where liability is accepted may conclude within a year. More complex claims involving serious injuries, disputed liability, or court proceedings can take two or more years. We will give you a realistic estimate.

What if the employer denies liability?

If your employer denies responsibility, your solicitor will review the evidence and advise on the strength of the denial. Further evidence can sometimes be gathered to challenge a denial. Court proceedings may be necessary in some cases.

What if I was partly at fault?

If you were partly responsible for the accident, your compensation may be reduced by the percentage of fault attributed to you — contributory negligence. You may still receive partial compensation. The key question is whether your employer also bears responsibility.

Time limits

No win no fee

Under a Conditional Fee Agreement: no upfront legal costs, no solicitor fees if the claim fails (subject to agreement terms), and a success fee deducted from compensation if you win. After the Event insurance is often arranged. Always read the terms before signing.

Frequently asked questions

These concise answers cover common questions about eligibility, employer duties and time limits. A solicitor must assess the facts of an individual claim.