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.
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
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
- Initial enquiry — contact us for a free assessment
- Case assessment — we review the facts and advise on merit
- Funding agreement — usually no win no fee
- Evidence gathering — medical records, accident records, witness evidence
- Medical examination — independent report obtained
- Letter of Claim — formal notice sent to your employer
- Employer/insurer response — investigation and liability decision
- Negotiation — most claims settle without court
- 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.