Question 1

Can I claim compensation if I was injured at work?

Accepted Answer

You may be able to claim if your injury was caused wholly or partly by your employer's failure to take reasonable care. Whether your specific situation qualifies depends on the evidence, the circumstances, and the applicable law. Getting legal advice is the best way to find out.

Question 2

Can I claim if I've already left the job?

Accepted Answer

Yes. You can make a claim against a former employer, provided you are within the three-year limitation period.

Question 3

Can agency workers and temporary staff claim?

Accepted Answer

Typically yes. Agency workers and temporary staff are generally owed the same duty of care as permanent employees. Responsibility may lie with the agency, the client business, or both.

Question 4

Can self-employed workers claim?

Accepted Answer

It depends. If you were injured on a site or premises controlled by another business and their negligence caused your accident, a claim may be possible. Legal advice is essential.

Question 5

Can apprentices make accident at work claims?

Accepted Answer

Yes. Apprentices are treated similarly to employees for most health and safety purposes.

Question 6

Can I claim if the accident was partly my fault?

Accepted Answer

Possibly. If you were partly responsible, your compensation may be reduced proportionately — contributory negligence. Partial fault does not necessarily prevent a claim.

Question 7

Can a zero-hours worker claim?

Accepted Answer

Yes. Zero-hours workers are generally owed the same duty of care as other workers whilst carrying out work for an employer.

Question 8

What if I was working from home when injured?

Accepted Answer

Working from home does not automatically prevent a claim. Employers have duties to homeworkers, but these cases are more complex. Seek legal advice.

Question 9

What does my employer have to do to keep me safe?

Accepted Answer

Your employer must take all reasonably practicable steps to protect your health, safety, and welfare — including risk assessments, training, PPE, safe equipment, and safe systems of work.

Question 10

Does my employer need to have broken the law for me to claim?

Accepted Answer

Not necessarily. A civil compensation claim is based on negligence — failure to take reasonable care — rather than a specific criminal breach.

Question 11

My employer says the accident was entirely my fault. Can I still claim?

Accepted Answer

Your employer's initial response does not determine the outcome. If you believe your employer was at least partly responsible, get legal advice. A solicitor will assess the evidence.

Question 12

What if my employer has already carried out a risk assessment?

Accepted Answer

Having a risk assessment does not automatically protect an employer. The question is whether it was suitable and sufficient, and whether the control measures were actually implemented.

Question 13

I didn't report the accident at the time. Can I still claim?

Accepted Answer

Yes, in many cases. Other evidence — medical records, photographs, witnesses, CCTV — can support your claim even without a formal accident report.

Question 14

My employer won't give me a copy of the accident book entry. What can I do?

Accepted Answer

You have rights under UK GDPR to request your personal data. A solicitor can also make a formal legal request, and court disclosure orders are available if necessary.

Question 15

Is CCTV footage important?

Accepted Answer

It can be very important, particularly if liability is disputed. CCTV is often overwritten quickly — ask your employer to preserve it immediately after the accident.

Question 16

What medical evidence do I need?

Accepted Answer

An independent medical report from a specialist is a core piece of evidence. Your solicitor will arrange this. Keep records of all GP appointments, hospital visits, and treatment received.

Question 17

Do I need to keep receipts?

Accepted Answer

Yes. Keep receipts for all out-of-pocket expenses from your injury. Special damages must be proved with evidence.

Question 18

How long do I have to make an accident at work claim?

Accepted Answer

In England and Wales, the general rule is three years from the date of the accident, or the date of knowledge if later. There are exceptions for children and those lacking mental capacity.

Question 19

The accident happened two and a half years ago. Is it too late?

Accepted Answer

Not necessarily — but seek advice urgently. Time limits are strict. A solicitor can confirm the applicable limitation date for your case.

Question 20

I have a gradual onset condition. When does the clock start?

Accepted Answer

For gradually developing conditions, the three-year period typically starts from the date of knowledge — when you first knew your condition was significant and linked to your work.

Question 21

My child was injured at work. What is the time limit?

Accepted Answer

The three-year period does not begin until the child turns 18. A parent can bring a claim on a child's behalf before that point.

Question 22

What does no win no fee actually mean?

Accepted Answer

No win no fee means that if your claim is unsuccessful, you generally pay no solicitor's fees. If you win, a success fee is deducted from your compensation.

Question 23

Are there any costs I might have to pay if I lose?

Accepted Answer

Under a CFA, you should pay no solicitor's fees if you lose. However, the defendant's legal costs are typically covered by ATE insurance. Read your agreement carefully.

Question 24

How much of my compensation will I keep?

Accepted Answer

Deductions depend on the agreed success fee, the ATE insurance premium, and any disbursements. Your solicitor must explain these deductions clearly before you sign.

Question 25

Is no win no fee really risk-free?

Accepted Answer

No win no fee significantly reduces your financial risk, but is not risk-free in every circumstance — for example, if you behave dishonestly or terminate the agreement in specific circumstances. Read your agreement fully.

Question 26

What can I claim compensation for?

Accepted Answer

You can claim for general damages (pain, suffering, loss of amenity) and special damages (lost earnings, medical costs, care costs, travel expenses, and future losses).

Question 27

How much compensation will I get?

Accepted Answer

This depends entirely on the facts of your case. No website can honestly tell you a guaranteed amount without reviewing the full picture. A specialist can give an informed estimate after reviewing your case and obtaining a medical report.

Question 28

Will I be taxed on my compensation?

Accepted Answer

Compensation for personal injury is generally not subject to income tax in the UK. Interest on compensation may be taxable. Seek financial advice for your specific circumstances.

Question 29

Can I claim for loss of earnings?

Accepted Answer

Yes. Both past and future lost earnings can be claimed as special damages. You will need to provide evidence of your earnings.

Question 30

Can I claim if I was on sick pay or receiving benefits?

Accepted Answer

Yes. Your entitlement to claim is not affected by sick pay or state benefits. Some benefits may need to be repaid to the government under the Compensation Recovery Unit process.

Question 31

Will I have to see a doctor as part of my claim?

Accepted Answer

Yes. An independent medical examination is standard. This is separate from your own GP or hospital treatment. Your solicitor will arrange it.

Question 32

Can I use my own GP's records as evidence?

Accepted Answer

GP and hospital records are important supporting evidence. A formal independent medical report from a relevant specialist is also typically required.

Question 33

What if my injury has already recovered?

Accepted Answer

You can still claim for injuries that have fully resolved, provided you are within the limitation period. Compensation reflects the period of suffering and any financial losses during recovery.

Question 34

Can I claim if I've already returned to work?

Accepted Answer

Yes. Returning to work does not prevent you from claiming. You may still have experienced lost earnings, incurred medical expenses, and suffered pain and suffering.

Question 35

I returned to work but I'm still in pain. Does this affect my claim?

Accepted Answer

Your ongoing symptoms are relevant to your claim. Ensure your medical records reflect your current condition and inform your solicitor of ongoing pain and its impact.

Question 36

Can my employer dismiss me for making a claim?

Accepted Answer

Dismissing an employee because they have made a personal injury claim may constitute automatically unfair dismissal. If this happens, seek specialist employment law advice immediately.

Question 37

My employer has made my working life difficult since I claimed. What can I do?

Accepted Answer

Treating an employee detrimentally for making a claim may be unlawful. This is a separate employment law matter. Speak to an employment law solicitor.

Question 38

Will my claim go to court?

Accepted Answer

The majority of accident at work claims settle without a court hearing. Your solicitor will advise at every stage and be prepared to go to court if that is in your best interests.

Question 39

What happens if my claim goes to court?

Accepted Answer

A judge decides on liability and the amount of compensation. Your solicitor will represent you and prepare you for what to expect.

Question 40

How is the settlement figure decided?

Accepted Answer

Settlement is reached through negotiation between your solicitor and the defendant's insurer, based on the medical evidence and documented financial losses.

Question 41

Do I have to accept the first offer?

Accepted Answer

No. Your solicitor will advise whether an offer is fair and the risks of accepting or rejecting it. The decision is always yours.

Question 42

Can I change my mind after settling?

Accepted Answer

Once a settlement agreement is signed and payment made, the claim is generally concluded and cannot be reopened. Ensure all future costs and losses are considered before settling.

Question 43

What is an interim payment?

Accepted Answer

An interim payment is an advance of compensation paid before the claim is finally resolved, available where liability has been admitted or is likely to be established.

Question 44

What is RIDDOR?

Accepted Answer

RIDDOR stands for the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. It requires employers to report certain categories of workplace accident to the HSE.

Question 45

Does my accident need to have been reported under RIDDOR to claim?

Accepted Answer

No. Whether an accident was reportable or was actually reported does not determine your right to claim. However, a RIDDOR report can be useful evidence.

Question 46

My employer doesn't have an accident book. Can I still claim?

Accepted Answer

Yes. Employers are legally required to keep accident records, but the absence of an accident book does not prevent a claim.

Question 47

My accident book entry is inaccurate. What should I do?

Accepted Answer

Tell your solicitor. An inaccurate entry does not prevent a claim but should be addressed. Your solicitor will advise on how to handle discrepancies in the evidence.

Question 48

What is contributory negligence?

Accepted Answer

Contributory negligence means you were partly responsible for the accident. Your compensation will be reduced by the percentage of blame attributed to you, but does not automatically prevent a claim.

Question 49

My employer says I wasn't wearing my PPE. Will this kill my claim?

Accepted Answer

Not necessarily. If your employer failed to enforce PPE use through supervision, they may still bear responsibility. The question of contributory negligence requires careful legal assessment.

Question 50

I'm worried about claiming. Is it normal to feel this way?

Accepted Answer

Absolutely. Concerns about jobs, relationships, and legal proceedings are completely understandable. Our initial assessment is free and carries no obligation. You can take as much time as you need.

Question 51

What if I just want information without committing to a claim?

Accepted Answer

That is completely fine. Our initial assessment is free and carries no obligation. You can understand your options before deciding whether to proceed.

Question 52

Can I claim for a very serious injury, like a spinal injury or brain injury?

Accepted Answer

Yes. Serious injury claims are complex and high-value, requiring specialist expertise. Compensation can cover long-term care, rehabilitation, lost earnings, home adaptations, and specialist equipment.

Question 53

What is an interim payment in a serious injury case?

Accepted Answer

An interim payment is an advance of compensation available where liability has been or is likely to be admitted. It can fund urgent rehabilitation, equipment, or care.

Question 54

My family member died in a workplace accident. Can we claim?

Accepted Answer

You may be able to bring a claim under the Fatal Accidents Act 1976. Claims can be made by dependants for loss of financial dependency. Certain close relatives are entitled to a statutory bereavement award. Please seek specialist advice — we handle these cases with care and sensitivity.

Question 55

Does the inquest have to finish before we can claim?

Accepted Answer

No. A civil compensation claim can proceed alongside or after an inquest. Timing is something to discuss with your solicitor.

Question 56

Can I claim for psychological injuries as well as physical injuries?

Accepted Answer

Yes. Psychological injuries — including anxiety, depression, and PTSD — caused or worsened by a workplace accident can form part of your claim. Medical evidence from an appropriate specialist is needed.

Question 57

What if I had a pre-existing condition that the accident made worse?

Accepted Answer

You can still claim. Your compensation will reflect the extent to which the accident worsened your pre-existing condition.

Question 58

Can I claim for an accident that happened abroad while working for a UK employer?

Accepted Answer

Possibly, but these cases are complex, involving questions of jurisdiction and applicable law. Specialist legal advice is essential.

Question 59

Will my employer's insurer contact me directly?

Accepted Answer

The insurer may attempt to contact you. You are not obliged to deal with them directly. Once you have instructed a solicitor, all communications should go through your legal representative.

Question 60

How do I choose a solicitor for my accident at work claim?

Accepted Answer

Look for a firm with specialist personal injury expertise, transparent funding terms, and regulated status with the Solicitors Regulation Authority (SRA). Be wary of any firm that guarantees outcomes or specific compensation amounts.

Accident at Work Claims: 60 Questions Answered

Eligibility

Employer Fault

Evidence

Time Limits

No Win No Fee

Compensation

Medical Evidence

Returning to Work

Being Dismissed

Court

Settlement

Interim Payments

RIDDOR

Accident Book

Partly at Fault

Stress About Claiming

Serious Injuries

Fatal Claims

Miscellaneous

Still have questions? Speak to a specialist solicitor — free.