What Are My Rights After An Accident At Work In The UK?
By Lewis Aaliyah. Last Updated 2nd June 2023. If you’re injured in an accident at work, you may be entitled to compensation. Certain questions can enter an employee’s mind if they have a workplace accident. A common one is ‘what are my rights after an accident at work?’ There is legislation in the UK designed to protect the safety of workers. It also supports employees if they have a workplace accident that wasn’t completely their fault.
In this guide, we explain what your rights are as a worker if you are injured at work. We also discuss the laws in place which protect workers from potential dangers. The rules which employers must follow to protect their staff are also explained here. We also detail how you can use our services to support your potential workplace accident claim.
Get In Touch With Our Team
You can contact our advisers at UK Law for advice on making a personal injury claim. They can answer questions and potentially offer other support on different types of claims including workplace accident claims. You may be asking yourself ‘what are my rights when I have had an accident at work?’ If you are, or you have any related questions, then our personal injury claims team can offer free legal advice.
You can contact our advisers using our 24/7 online chat service. Alternatively, you can call us on 020 3870 4868, or you can use our callback form if you wish.
Services And Information
- What Are My Rights After An Accident At Work In The UK?
- Compensation For An Accident In The Workplace – How Is It Calculated?
- Could I Be Sacked Following A Workplace Accident?
- Do You Handle Workplace Accident Claims On A No Win No Fee Basis?
- Learn More About Your Rights After An Accident At Work In The UK
What Are My Rights After An Accident At Work In The UK?
Under the Health and Safety at Work etc. Act 1974 (HASAWA), your employer owes you a duty of care. This means that they have a legal requirement to ensure your health and safety while working and take all reasonably practicable steps to do so.
There are a number of steps that your employer could take in order to uphold this duty. For example, they may be required to do a risk assessment before asking an employee to carry out a task. Or, they could be required to provide free and adequate personal protective equipment (PPE) such as a hard hat or steel-toed boots.
If they fail to take these steps when needed and you are injured as a result, then you may have the right to claim compensation. By law, all employers have to have employer’s liability insurance, which helps protect your right to claim. This is because the insurance covers your employer financially if a claim is made against them, so they don’t have to pay out-of-pocket.
What Are My Rights When Working For An Agency?
If you are an agency worker, you may ask yourself ‘what are my rights after an accident at work?’ The answer is that you have similar rights to permanent workers. That includes the right to seek compensation if you are injured at work.
Also, if you have 12 weeks of continuous employment with the same employer, then the employer must treat you as they would a permanent staff member. This includes equality in terms of salary level and sick pay.
Your employer, however, may be the agency you’re working through. Be sure to check your contract which should define who your employer is. No matter who your employer is on paper, if you’re injured at work through someone else’s negligence, you could claim.
Compensation For An Accident In The Workplace – How Is It Calculated?
If you make a successful personal injury claim following an accident in the workplace, your compensation settlement could include general and special damages.
General damages compensate you for the pain and suffering you have incurred that has been caused by the injury you suffered in the workplace accident. When valuing this head of claim, many legal professionals will refer to the Judicial College Guidelines (JCG). This document lists compensation guidelines for various injuries. We have included some of the amounts listed in the 16th edition of the JCG in the table below.
Please only use this table as a guide.
| Injury | Notes | Compensation |
|---|---|---|
| Moderately Severe Brain Damage | Disabilities are both cognitive and physical. | £219,070 to £282,010 |
| Very Severe Scarring Facial Disfigurement | The psychological reaction is severe as is the cosmetic disfigurement. | £29,780 to £97,330 |
| Less Severe Arm Injuries | A substantial level of recovery is anticipated. | £19,200 to £39,170 |
| Moderate (ii) Back Injuries | The muscles are disturbed and there are soft tissue injuries. | £12,510 to £27,760 |
| Skeletal Injuries (b) | The face is deformed to some extent. | £14,900 to £23,950 |
| Moderate (iii) Neck Injury | An existing condition is worsened by your injuries. | £7,890 to £13,740 |
| Moderate (ii) Knee Injury | Expect ongoing discomfort and aching. | Up to £13,740 |
| Moderate Shoulder Injury | Symptoms may last for as long as two years. | £7,890 to £12,770 |
You may also be awarded special damages. This compensates you for the financial losses you have suffered that were directly caused by your injury. Some examples of the losses you could be compensated for include:
- A loss of earnings if you needed time off work to recover.
- Medical expenses, such as prescription costs.
- Travel costs, such as bus or taxi fares to medical appointments.
You will need to provide evidence of these losses, such as with bank statements and payslips.
For more information about personal injury claims for accidents at work, you can contact our advisors. They can also offer you free advice for your potential claim.
Could I Be Sacked Following A Workplace Accident?
By law, your employer should not sack you simply for being injured by a workplace accident. Your employer is also not meant to fire you if you claim following an accident in their workplace.
When an accident at work occurs, it is standard procedure for the accident to be reported to your employer. The accident should be recorded in the company accident book. This official record can be checked by the Health and Safety Executive (HSE) at any time. Reports in the company accident book should detail who was involved in the accident. This could prove valuable evidence if you are unfairly dismissed for a workplace accident.
If you are ever sacked for being in a workplace accident or for claiming, seek legal advice to see if you can claim for unfair dismissal. You can get free legal advice and expertise for this type of claim if you contact us by phone or via our online contact form.
Do You Handle Workplace Accident Claims On A No Win No Fee Basis?
Here at UK Law, our panel is able to support your workplace accident claim on a No Win No Fee basis. Signing a contract with a solicitor from our panel for your case on a No Win No Fee basis provides certain guarantees. Importantly for claimants, the terms and conditions of payment are clearly established.
Under a No Win No Fee agreement, you enjoy several benefits. One is usually a guarantee that no solicitor fees need to be paid upfront. Another is a guarantee that no solicitor fees should need to be paid during the claim. If the case is ultimately unsuccessful, then you shouldn’t need to pay your solicitor’s legal fees.
You will only need to pay your solicitor for their work if your case succeeds. Your No Win No Fee agreement should confirm that your solicitor will deduct a small percentage of the compensation awarded to you. This covers their payment and is typical of No Win No Fee contracts.
Contact Us For More Help
If you want the answer to questions like ‘what are my rights after an accident at work?’ then we can help. You can contact UK Law to get free specialist advice from our panel of lawyers. We can support personal injury claims including ones involving workplace accidents. We’ll happily answer any query you may have about your legal rights following an accident at work.
You can reach our team online by:
- Using our live chat
- Completing our callback form
- Calling us by phone on 020 3870 4868
Learn More About Your Rights After An Accident At Work In The UK
Looking for more information about your legal rights after an accident at work? The sources included below are useful links on how workplace injuries should be reported. There are also resources explaining how the legal rights function for workers following an accident.
- RIDDOR – Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013
- This page provides details on workplace injuries that should be reported under RIDDOR. RIDDOR puts duties on employers, self-employed workers and people in control of work premises to report certain incidents. These include certain serious workplace accidents, occupational diseases and specified near misses.
- Government guide to compensation for injuries at work
- This government page provides guides on how expenses and benefits work for employees who become workplace accident victims.
- Health and Safety Executive statistics
- This page gives you extensive access to statistics on workplace safety and accidents. The statistics from the Health and Safety Executive include details on the frequency and type of workplace injuries reported in the UK.
Other Useful Compensation Guides
- Can You Sue Your Employer While Still Working For Them?
- Who Do You Make A Car Accident At Work Claim Against?
- Trailing Cable Hazard Accident And Injury Claims
- Who Should Be Informed If A Fatal Accident Occurred At Work?
If you would like to speak to an adviser about your rights after an accident at work, you can contact UK Law for help using the contact details included within this guide.
