I Had an Accident at Work - What Are My Rights?

Call 0345 872 6666


Life ring floating in a swimming pool, featured on personal injury solicitors banner

I Had an Accident at Work - What Are My Rights?

If you have had an accident at work, you have rights that protect you before, during and after any claim. These include the right to sick pay, the right to time off for treatment and recovery, the right to fair treatment from your employer, and the right to claim compensation on a no win, no fee basis if the accident was caused by someone else's negligence.

Your employer owes you a legal duty of care, and it is unlawful for them to treat you unfairly or dismiss you because you have reported an accident or started a compensation claim. This guide sets out your rights in full, explains what to do after a workplace accident, and answers the key questions about pay, evidence and time limits, so you know exactly where you stand and what to do next.

What Are My Rights After an Accident at Work?

If you have had an accident at work, your core rights include:

  • Statutory sick pay, and contractual sick pay if your employer offers it, while you recover
  • Time off to seek medical attention and attend medical appointments related to your injury
  • Protection from unfair treatment or dismissal as a result of reporting the accident or making a compensation claim
  • A safe working environment, provided through your employer's legal duty of care under health and safety law
  • The right to claim compensation if your injury was caused wholly or partly by your employer's negligence, on a no win, no fee basis
  • The right to see your own accident report and to keep copies of any evidence you gather

These rights apply whether you are full-time, part-time, on a zero-hour contract, or newly employed. Your employment status does not affect your entitlement to a safe workplace or your right to seek compensation for an accident at work caused by someone else.

What Counts as an Accident at Work?

An accident at work is any incident that happens while you are carrying out your job, or on your employer's premises, that results in an injury. Workplace accidents can happen in any industry and in any role, from an office to a warehouse, a construction site to a supermarket.

The most common causes of workplace accidents include:

  • Slips, trips and falls, often caused by wet or uneven flooring, trailing cables or poor lighting. These remain the single most common cause of reported workplace injuries.
  • Manual handling injuries, from lifting, carrying or moving loads without the right training or equipment.
  • Being struck by a moving or falling object, such as stock falling from shelving or equipment on a construction site.
  • Machinery and equipment accidents, where tools or machines are poorly maintained, inadequately guarded or defective.
  • Falls from height, including from ladders, scaffolding or raised platforms.
  • Acts of violence, such as an assault by a colleague, customer or member of the public while at work.

Whatever the cause, if the accident happened because your employer failed to take reasonable steps to keep you safe, you may have grounds for a workplace injury claim. Repetitive tasks can also lead to a workplace injury over time, such as carpal tunnel syndrome caused by prolonged, poorly managed computer use, and this is treated in the same way as an accident for the purposes of a claim.

Workplace accidents also look different depending on the setting. A factory or warehouse carries different hazards to a construction site, and both are different again to an office, where trip hazards, poor workstation setup and faulty office equipment are more common causes of injury. Wherever your accident happened, the same legal principles apply, and it is worth seeking advice to understand whether your employer met its duty of care.

Am I Entitled to Sick Pay After an Accident at Work?

Yes. If you are unable to work because of a workplace injury, you are entitled to sick pay in the same way as you would be for any other illness or injury.

Statutory sick pay

Statutory sick pay (SSP) is the legal minimum your employer must pay if you are off work sick or injured, including as a result of an accident at work. The current weekly rate is £123.25, paid for up to 28 weeks. Since April 2026, statutory sick pay has also been payable from your very first day of sickness absence, which means injured workers no longer lose pay in the early days of a workplace injury. Statutory sick pay applies regardless of how the accident happened, so it is paid whether or not you go on to make a personal injury claim. Full details are available on the government's Statutory Sick Pay guidance.

Contractual sick pay

Many employers offer contractual sick pay, sometimes called occupational sick pay, which is more generous than the statutory minimum. Check your employment contract or staff handbook to see what your employer offers, as this can significantly affect how much you receive while you recover. Contractual sick pay cannot be less generous than statutory sick pay, though the rate, qualifying period and duration will vary between employers.

If a workplace injury leads to a longer period of incapacity, it is also worth checking whether you may be entitled to Industrial Injuries Disablement Benefit, which is a separate government benefit and is covered later in this guide.

If your employer refuses to pay sick pay

If your employer refuses to pay statutory sick pay you are entitled to, or disputes your eligibility, you can ask them for a written explanation, known as form SSP1. If you believe the refusal is incorrect, you can seek advice from Acas or, where the refusal is linked to your reporting of the accident, from a solicitor, as this may point to unfair treatment rather than a genuine payroll issue.

Can My Employer Treat Me Unfairly for Reporting an Accident at Work?

No. Your employer cannot lawfully treat you unfairly, discipline you or dismiss you for reporting a workplace accident, raising a health and safety concern, or making an accident at work claim.

Employment law gives employees protection from detriment and unfair dismissal where they have raised a genuine health and safety issue or taken reasonable steps to protect themselves from a danger at work. These protections are set out in the Employment Rights Act 1996. If your employer takes any adverse action against you, such as reducing your hours, changing your duties unfavourably or dismissing you because you reported an accident or started a claim, this could amount to unfair treatment or unfair dismissal, and you may have grounds for a separate claim alongside your accident at work claim.

Many injured workers worry that reporting an accident or claiming compensation will put their job at risk. In practice, your employer is required by law to hold insurance to cover workplace injury claims, and any claim you bring is made against that insurance, not against your employer personally. Making a work accident claim should not affect your day-to-day working relationship, and our solicitors handle every case professionally and discreetly to keep any disruption to your job to a minimum.

What Is My Employer's Responsibility After an Accident at Work?

Employers have a legal duty to protect the health, safety and welfare of everyone in their workplace. This duty comes from the Health and Safety at Work etc. Act 1974 and related regulations, which are enforced by the Health and Safety Executive (HSE).

Risk assessments and safety training

Employers must carry out regular risk assessments to identify hazards and take reasonable steps to reduce them. They are also responsible for providing adequate safety training so employees understand how to carry out their role safely, including how to use machinery, handle loads and respond to an emergency. Poor supervision, a lack of proper training or ignoring a known hazard can all point to employer negligence if an accident happens as a result.

Personal protective equipment

Where a job carries a risk of injury, employers must provide suitable personal protective equipment and ensure it is properly maintained. If you were injured because you were not given the right protective equipment, or because equipment supplied was faulty, this is a clear example of your employer failing in their legal duty of care.

Maintaining equipment and premises

Employers must also make sure machinery, tools and the wider workplace, including flooring, lighting and fire exits, are kept in safe working order. Regular inspections and prompt repairs are part of this responsibility, and a failure to act on a known issue, such as a reported fault with equipment, can significantly strengthen a compensation claim.

According to the Health and Safety Executive, around 60,000 non-fatal workplace injuries are reported by employers each year, with slips, trips, falls and manual handling among the most common causes. This shows how frequently workplace accidents happen, and why the law places such clear responsibilities on employers to prevent them.

Reporting serious accidents to the Health and Safety Executive

For more serious accidents, employers have a separate legal duty to report the incident to the Health and Safety Executive under RIDDOR, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations. This applies to accidents that result in a serious injury, an extended period of incapacity, or a dangerous occurrence, even where nobody was hurt. If your employer failed to report a serious accident when they should have, this can be a further sign that they did not take their health and safety obligations seriously, and it is something your solicitor can look into as part of your claim.

What Injuries Can I Claim For After an Accident at Work?

An accident at work claim can cover a wide range of injuries, from short-term soft tissue damage through to serious, life-changing injuries. Common examples include:

  • Soft tissue injuries, such as sprains, strains and bruising
  • Fractures and broken bones
  • Head and brain injuries, often caused by falls or being struck by an object
  • Back and spinal injuries, particularly common after manual handling accidents
  • Burns and scalds, often linked to hazardous substances or faulty equipment
  • Repetitive strain injuries, including carpal tunnel syndrome
  • Amputations and crush injuries, most often associated with machinery accidents

This is not an exhaustive list, and you may have grounds for a claim whatever injury you have sustained, provided it was caused by your employer's negligence.

What Should I Do Immediately After an Accident at Work?

What you do in the hours and days after a workplace accident can make a real difference to your recovery and to any compensation claim you go on to make.

Report the accident and get it recorded

Tell your manager or supervisor about the accident as soon as you can, and ask for it to be entered in the workplace accident book. Employers are legally required to keep an accident book, and a timely accident report gives you an official record of when and how the accident happened. If your employer does not have an accident book, ask for the incident to be recorded in writing and request a copy for your own files.

Seek medical attention and treatment

Seek immediate medical attention for any injury, even if it seems minor at first. Some injuries, such as soft tissue damage or the early symptoms of a serious back injury , are not always obvious straight away. A GP or hospital visit creates medical records that link your injury to the accident and support any future claim. You may also be asked to attend a further medical examination later in the claims process, so that an independent expert can assess the full extent of your injury.

Gather evidence while it is fresh

Where you are able to, gather evidence at the scene. This can include:

  • Photographs of the hazard that caused your accident, such as faulty equipment, wet flooring or a lack of personal protective equipment
  • The contact details of anyone who witnessed the accident, along with witness statements if they are willing to provide one
  • CCTV footage, if the workplace has cameras that may have captured the accident
  • Any relevant risk assessments or safety training records

Our guide on gathering evidence for a personal injury claim explains this in more detail, and our solicitors will help you identify what evidence is most useful once you get in touch. If you were unable to gather evidence at the scene, for example because you were taken straight to hospital, this does not prevent you from making a claim. Your solicitor can request CCTV footage, obtain your medical records and contact potential witnesses on your behalf as part of building your case.

Keep your own record of how the injury affects you

Alongside the official accident report, it is worth keeping your own written record of the accident, your symptoms and how the injury has affected your day-to-day life and your ability to work. This can support a claim later, particularly where the full impact of an injury only becomes clear over time.

Check your employment contract

Once you have received medical attention, take a look at your employment contract or staff handbook. This will tell you what sick pay you are entitled to on top of the statutory minimum, and may also set out how to formally notify your employer of an absence caused by injury.

Can I Claim Compensation for an Accident at Work?

Yes, if your accident was caused wholly or partly by your employer's negligence, you have the right to claim compensation. This is sometimes called a work claim, workplace injury claim or personal injury claim, and it is separate from your right to sick pay.

Proving employer negligence

To succeed with a personal injury compensation claim, you need to show:

  1. Your employer owed you a duty of care
  2. Your employer breached that duty, for example through faulty equipment, poor training or a failure to carry out risk assessments
  3. That breach caused your injury

Medical records, witness statements, an accident report and any photographs you have taken will all help build a strong claim. Our lifecycle of a claim guide explains what happens at each stage of the claims process, from your first conversation with a solicitor through to negotiation or, if needed, court proceedings.

No win, no fee

JMW handles accident at work claims on a no win, no fee basis, which means there is no financial risk to you and no upfront costs. If your claim is unsuccessful, you will not pay any legal fees, so you can seek advice and start a claim without worrying about the cost.

Can I Claim if I Am Self-Employed or on a Zero-Hour Contract?

Yes. Your employer's duty of care, and your right to claim compensation for a workplace accident, does not depend on having a permanent, full-time contract. If you are on a zero-hour contract, agency staff, or otherwise employed on a casual or flexible basis, you are still owed the same duty of care as any other employee, and you have the same right to claim if your employer's negligence caused your injury.

If you are self-employed and working on someone else's premises, such as a client's site, you may still be able to claim if a third party, such as the business that engaged you, was negligent and responsible for your injury. The exact duty owed can vary depending on your working arrangement, so it is worth speaking to a solicitor about your specific circumstances.

What if I Was Partly to Blame for My Accident?

If you are found to have contributed to your own accident, for example by not following safety rules or by not wearing provided protective equipment, this is known as contributory negligence. It does not automatically prevent you from claiming compensation, but it may reduce the amount you are awarded to reflect your degree of responsibility.

Employer's insurers will sometimes raise contributory negligence as part of their initial response to a claim, particularly where liability is disputed. This is not the same as your employer denying liability outright, and it does not mean your claim will fail. Our solicitors will talk you through how this might apply to your case, gather all the evidence available, and always aim to secure the fairest possible outcome based on the full circumstances of your accident.

What if My Employer Denies Liability?

It is common for an employer or their insurers to initially deny liability for a workplace accident, particularly where the circumstances are disputed. This does not mean your claim has failed.

If your employer denies liability, our legal team will review all the evidence, correspond with your employer's insurers on your behalf, and, where appropriate, instruct medical experts to support your case. Most accident at work claims are resolved through negotiation with the employer's insurers, without the need to begin court proceedings. Where a fair settlement cannot be reached, we can advise you on taking your claim to a court hearing, and we will be with you at every stage.

Because we act on a no win, no fee basis, you are not exposed to legal costs if your employer refuses to accept responsibility and your claim is ultimately unsuccessful.

Are There Other Benefits or Support I Can Claim?

Depending on your circumstances, you may be entitled to additional support alongside, or instead of, a compensation claim.

If a workplace accident has left you with a long-term disability, you may be entitled to Industrial Injuries Disablement Benefit. This is a separate, no-fault government benefit, meaning you do not need to prove your employer's negligence to receive it, and you can claim it at the same time as pursuing a personal injury claim.

If your injury was caused by a violent crime at work, such as an assault by a third party, you may also be able to claim through the Criminal Injuries Compensation Authority. This scheme has its own, shorter time limit and separate eligibility rules, so it is worth seeking advice on which route, or combination of routes, is right for your situation.

Compensation for a personal injury claim is not usually subject to tax, so you do not need to pay tax on any compensation you are awarded.

How Long Do I Have to Claim Compensation After a Workplace Accident?

In most cases, you have three years from the date of the accident, or from the date you became aware your injury was linked to your work, to start a compensation claim. This is known as the limitation period.

There are some exceptions. If you were under 18 at the time of the accident, the three-year period does not begin until your 18th birthday, giving you until you turn 21 to claim. If you lack the mental capacity to bring a claim, the time limit does not begin until you regain capacity, if you do. Our guide on the personal injury claim time limit covers these exceptions in more detail.

It is always best to seek legal advice as early as possible after an accident happened, so evidence can be gathered while it is still fresh and your claim can be prepared without unnecessary delay.

How JMW Can Help After a Workplace Accident

Having an accident at work can be an unsettling experience, but you do not have to deal with the aftermath alone. Our personal injury solicitors have years of experience helping injured workers understand their rights, secure the sick pay and support they are entitled to, and pursue compensation where their employer has failed in their duty of care.

We offer free, no obligation advice, and we handle accident at work claims on a no win, no fee basis so there is no financial risk to you. Our team will explain your legal position clearly, gather all the evidence needed to support your claim, deal with your employer's insurers on your behalf, and keep you updated in plain, straightforward language throughout, so you can focus on your recovery rather than the legal detail.

Talk to Us

Whether you are unsure about your rights to sick pay, worried about how your employer might react, or simply want to know whether you have grounds to claim compensation, our specialist team is here to give you the answers and support you need.

To talk to a specialist about your accident at work claim, call us on 0345 872 6666 or complete our online enquiry form and a member of our personal injury team will be in touch.

Did you find this post interesting? Share it on:

Related Posts