WorkClaim UK Editorial · June 2026 · ~15 min read
Quick Summary
- UK workers have clear work rights after a workplace injury, including the right to claim compensation, the right not to be dismissed, and the right to sick pay
- Dismissal for making a health and safety complaint or accident claim is automatically unfair under the Employment Rights Act 1996. No qualifying period is needed
- Statutory Sick Pay is £123.25 per week for up to 28 weeks. Your contract may provide more
- The right to claim compensation lasts for 3 years from the date of your accident
- These rights apply whether you are employed full-time, part-time, or on a zero-hours contract
What are your work rights after an accident at work?
You have five core legal rights after a workplace injury: the right to claim compensation, the right not to be dismissed for claiming, the right to sick pay, the right to return to your job, and the right to reasonable adjustments if your injury results in a disability.
These rights exist regardless of how long you have worked for your employer, whether your accident was partly your fault, or whether your employer disputes responsibility. The law protects injured workers. Understanding what you are entitled to puts you in a stronger position before you have any conversation with your employer.
Do you have the right to claim compensation?
Yes. If your injury was caused by your employer's negligence, you may be able to claim compensation through the civil courts. Your employer has a legal duty to keep you safe under your employer's duty. When that duty is breached and you are injured, you have the right to pursue a claim.
This applies to employees, agency workers, zero-hours workers, apprentices, and in some cases workers who are self-employed but treated as employees. You do not need to have worked for your employer for any minimum period. The right to bring a claim arises from the injury, not from your length of service.
Most injury claims are handled on a no win no fee basis, meaning you pay nothing upfront and nothing if your claim does not succeed.
What work rights protect you from dismissal?
Dismissal for raising a health and safety concern or making an accident at work claim is automatically unfair under section 100 of the Employment Rights Act 1996. No qualifying period applies. This protection begins on your first day of employment.
Section 100 makes it automatically unfair to dismiss a worker who has raised concerns about conditions they reasonably believed were harmful to health or safety, who refused to return to work in the face of serious and imminent danger, or who took steps to protect themselves or others from that danger.
Employers cannot dismiss you, select you for redundancy, or subject you to a detriment (such as reducing your hours, withdrawing a benefit, or issuing a disciplinary warning) because you made a workplace injury claim. If this happens, you can bring a claim to an employment tribunal for automatic unfair dismissal, with no minimum service requirement.
If your employer is pressuring you not to claim, or has suggested that claiming will affect your position, you should tell your solicitor. This behaviour itself may strengthen your position.
What are your sick pay rights while off injured?
If you are too ill or injured to work, you are entitled to Statutory Sick Pay (SSP) of £123.25 per week for up to 28 weeks, paid by your employer. SSP is the legal minimum. Your employment contract may entitle you to full pay or enhanced sick pay for a period.
SSP begins from the fourth day of absence. The first three days (known as waiting days) are unpaid unless your contract provides otherwise.
After 28 weeks, SSP ends. At that point you may be eligible for other state benefits, and your solicitor can also pursue a claim for lost earnings as part of your compensation claim. Lost earnings, both past and future, form part of the special damages in any accident at work settlement.
Keep a clear record of all periods of absence, payslips showing any reduction in income, and any communications from your employer about sick pay. This evidence directly supports the loss of earnings element of your claim.
What are your rights to return to work?
You have the right to return to your job after a period of sick leave. An employer cannot use your absence for a genuine work-related injury as a straightforward reason to dismiss you, though dismissal after a prolonged absence may be permissible in some circumstances if handled correctly.
If a phased return to work is medically appropriate, you can request one. Your employer is not legally obliged to agree to every arrangement, but they are expected to act reasonably. A conversation with your GP or occupational health adviser can support a formal phased return request.
Where your role cannot be carried out at all during recovery, your employer should consider whether suitable alternative work is available. Refusing to consider any adjustment at all, particularly where your injury was caused by their negligence, risks a claim for constructive dismissal alongside your personal injury claim.
What if your injury results in a disability?
Serious injuries sometimes result in conditions that qualify as a disability under the Equality Act 2010. A disability is broadly defined: any physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.
If your injury meets this definition, your employer has additional legal obligations. Under the Equality Act 2010, they must make reasonable adjustments to prevent you from being at a substantial disadvantage compared to non-disabled colleagues. This might include modified duties, adapted equipment, altered working hours, or a change of location.
You cannot be selected for redundancy or dismissed because your injury has resulted in a disability. If you are, you have the right to bring a disability discrimination claim to an employment tribunal, independently of any personal injury claim.
These two claims (personal injury compensation and employment tribunal) can run alongside each other and address different aspects of what has happened to you.
How to protect your rights after a workplace injury
Step 1: Report the accident and get medical attention
Report your accident to your employer and ensure it is recorded in the accident book. Seek medical attention promptly. Your GP records establish the link between the accident and your injury from day one. Under RIDDOR, your employer is legally required to report serious accidents to the HSE. You can request a copy of any RIDDOR report.
Early reporting protects you in two ways: it creates a contemporaneous record your employer cannot easily dispute later, and it starts the medical evidence chain your solicitor will rely on.
Step 2: Understand your position before speaking to your employer
Know that you have the right to claim before you speak to your employer about the accident. You are not obliged to accept any compensation offer made directly by your employer without taking legal advice first. Direct employer offers are frequently below the full value of a claim.
If your employer asks you to sign anything (a statement, an agreement, or a settlement), take independent advice first. Signing away rights without understanding them is a common and avoidable mistake.
Step 3: Get a free legal assessment
A specialist solicitor can review your situation, advise on the strength of your claim, and explain your full range of rights, including both employment and personal injury. The assessment is free and carries no obligation. You do not need to commit to anything at this stage.
The 3-year time limit for personal injury claims means there is time to make this decision carefully, but not indefinitely. Taking advice early preserves your options.
Frequently asked questions
Can I be sacked for making a workplace accident claim?
No. Dismissal for raising a health and safety concern or making a workplace injury claim is automatically unfair under the Employment Rights Act 1996. This protection applies from your first day of employment. There is no qualifying period. If you are dismissed for this reason, you can bring an employment tribunal claim without needing two years of service.
How long do I have to make a claim after a workplace injury?
You generally have three years from the date of your accident. This is set by the Limitation Act 1980. For industrial diseases or conditions that developed gradually, the three years runs from the date you knew (or ought reasonably to have known) that your condition was linked to your work. See our time limits guide for the full rules.
Can I claim if I was partly responsible for the accident?
Yes. Being partly at fault does not prevent you from claiming. The legal principle of contributory negligence means your compensation is reduced by the proportion of fault attributed to you. If you were 20% responsible, your award is reduced by 20%. A solicitor can assess how liability is likely to be apportioned in your case.
What if I am self-employed?
Genuinely self-employed workers cannot usually claim against a business as an employee. However, if you were treated as an employee in practice (given set hours, equipment, and direction), you may have worker status that attracts similar protections. Agency workers placed with an employer are generally entitled to the same rights. A solicitor can advise on your specific employment status.
Can I claim after leaving the job?
Yes. Your right to bring a personal injury claim exists independently of your employment. You can leave your job, be made redundant, or resign and still pursue a compensation claim within three years of the accident. Your employment status at the time of the claim is irrelevant. What matters is your status at the time of the injury.
Get clear on your rights today
If you have been injured at work and are unsure where you stand, a free case assessment gives you a straightforward picture of your options, with no obligation and no upfront cost.
Or call 01228 272395 to speak to Edward & Amaury Solicitors (SRA number: 800525).
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