Written by Rick Gregory, Editorial Lead · Legal information checked in collaboration with Edward & Amaury Solicitors (SRA 800525) · September 2026 · ~4 min read
Quick Summary
- Zero-hours workers are owed the same duty of care as any other worker, whether they were on their first shift or their fiftieth
- You can claim compensation for a workplace injury exactly as a permanent employee could, against the employer whose failure caused it
- Protection from dismissal or being treated badly for reporting an accident or raising a safety concern applies from day one, regardless of contract type
- Uncertainty about future shifts doesn't affect your legal right to claim — it's a separate practical concern worth discussing with your solicitor
Do zero-hours workers have the same rights as permanent employees after an accident?
Yes, for health and safety purposes. UK health and safety law — principally the Health and Safety at Work etc. Act 1974 — applies to workers, not just to those with permanent contracts or guaranteed hours. An employer's duty to provide a safe system of work, proper training, adequate supervision, and safe equipment applies to a zero-hours worker in exactly the same way as to any other member of staff carrying out the same work.
This means that if you were injured because your employer failed in one of these duties, you have the same underlying right to claim compensation as a permanent employee would.
Does it matter that I might not be offered more shifts?
Legally, no — your right to claim compensation for an injury already suffered doesn't depend on whether you're offered future work. That said, this is often the practical worry underneath the legal question, and it's a reasonable one to have. A few points worth knowing:
- Being offered fewer shifts, or none at all, after reporting an accident or making a claim can itself amount to unlawful detriment under the Employment Rights Act 1996, in the same way dismissal can be
- Employer's liability insurance means your claim doesn't come out of your employer's operating budget, which is often the underlying assumption behind this worry
- A solicitor can discuss the practical realities of your specific working relationship, not just the legal position in the abstract
What if my hours or shifts were genuinely irregular around the time of the accident?
This can occasionally make calculating lost earnings more complex than for someone with fixed, predictable hours, but it doesn't prevent a claim. Your solicitor can use payslips, rota records, and your recent working pattern to establish a fair calculation of any earnings you lost because of the accident.
What evidence should I gather?
The same core evidence matters as for any accident at work claim:
- The accident book entry, or a written record of what happened if none exists yet
- Your recent payslips or rota, to help establish lost earnings if relevant
- Photographs of the hazard and your injuries
- Witness details
- Medical records from the time of the accident onwards
What if I no longer work for that employer?
You can still claim, provided you are within the three-year time limit from the date of the accident. This applies whether you stopped being offered shifts, chose to leave, or the working relationship simply ended naturally.
Frequently asked questions
Can my employer stop offering me shifts because I've made a claim?
Doing so because you reported the accident or a safety concern would be unlawful under the Employment Rights Act 1996 from day one. Where the reduction is connected purely to the compensation claim itself, the position depends on more specific facts — take advice if you think this has happened.
Do I need a certain number of hours worked to claim?
No. There's no minimum hours threshold for the right to claim compensation for an injury — what matters is whether a duty of care was owed and breached, not how many hours you'd worked.
Is my claim handled any differently because I'm on a zero-hours contract?
The core process — evidence gathering, medical assessment, negotiation with the employer's insurer — is the same. The main practical difference is in how lost earnings are calculated, which your solicitor will handle using your actual working pattern.
Injured on a zero-hours contract? Find out where you stand
A free case assessment gives you an honest answer about your specific situation, at no cost and with no obligation.
Or call 01228 272395 to speak to Edward & Amaury Solicitors (SRA number: 800525). No upfront cost and nothing to pay if your claim does not succeed.