I Had An Accident At Work, What Are My Rights?

Last Updated On 13 November 2025. We spend a significant portion of our day at work, and earning a livelihood is a vital aspect of our lives. Therefore, all workers deserve a safe and productive work environment in order to reach their full potential. Unfortunately, if an employer fails to take sufficient precautions, it may lead to an accident at work and injuries to the worker.  Additionally, the worker may lose out on earnings due to any days taken off from work. You may be wondering, ‘I had an accident at work. What are my rights?’

If you consult our team and you have an eligible claim, our advisors will explain all your rights after an accident at work. They will also explain the entire claims process and calculate your potential payout. Call us now to book your consultation.

What You Need To Know About Accident At Work Rights:

• Can I claim accident at work compensation as a part-time employee?- Yes, irrespective of your employment status, you have the right to claim accident at work compensation.
• Does my employer have the right to sack me for claiming compensation?- No, your employer doesn’t have the right to sack you for claiming compensation because it is your right.
• Can I claim for an accident at work in a high-risk industry?– Yes, you may claim for an accident at work in a high-risk industry since your employer has the duty to eliminate or reduce risks at work.
• What kind of evidence will help my accident at work claim?– Medical reports, CCTV footage and witness statements from your co-workers may help your accident at work claim.
• Can I claim compensation for a loss of income due to my accident at work?– Yes, you may be able to include your loss of income under special damages in your accident at work claim.

Your Rights After An Accident At Work

“I had an accident at work. What are my rights?”

This question has more than one answer. The short version is that your work injury rights include:

• The right to record a health and safety incident in your workplace accident book. All employers with 10 or more members of staff must keep such records.
• The right to report safety concerns in the workplace.
• The right to receive first aid where necessary for your wellbeing.
• The right to make a personal injury claim if you have been subject to your employer’s negligence.
• The right to seek legal advice from your trade union or a lawyer.
• The right to receive Statutory Sick Pay (SSP) if you are eligible.
• The right to request reasonable adjustments so you can return to work after a period of illness or injury.
• The right to take annual leave for periods of illness.
• The right to not have to take annual leave when for periods of illness.

We will explain the long version throughout the rest of this guide. Feel free to read through each section or jump straight to a conversation with our advisors. Their details are above, and they can help you understand if your rights have been affected.

An Employer’s Duty Of Care And How It Affects You

Your employer has a duty of care under The Health and Safety at Work etc. Act 1974 (HASAWA) to take reasonably practicable steps to protect you from harm in the workplace. This means that, under the law, you can expect your employer to:

• Conduct regular risk assessments.
• Keep workspaces clear of hazards or put out warnings when this is not possible.
• Provide training in safe working practices.
• Supply and properly maintain Personal Protective Equipment (PPE) that is fit for purpose.

If they fail to do any of the above or unreasonably put you in danger in any other way, they breach this duty of care. Their conduct becomes negligent if this breach harms you, and, in this scenario, you would likely gain the right to seek compensation from them.

To summarise, negligence is when:

• Your employer has a duty of care over you.
• Your employer breaches that duty.
• This breach harms you.

If you can prove this, either by yourself or with the help of an expert, you can claim for workplace injury compensation. Our advisors can connect you with an expert if your case has merit. Contact them today to know more about what to do if you had an accident at work and what are your rights. Their details are at the top of this guide.

What If I Work In A High-Risk Industry?

In the above sections, we answered your question, ‘I had an accident at work. What are my rights?’ Ideally, all workplace accidents should be preventable. However, there are certain industries which carry greater risks of injuries. The Health and Safety Executive (HSE),  Britain’s regulatory body for workplace safety, has formulated some guidelines to regulate major hazards. Therefore, extra care needs to be taken in high-risk industries to avoid any injuries.

Under the Management of Health and Safety at Work Regulations 1999, the employer is supposed to do the following:

• Identify the hazards or whatever could cause an injury or illness within the business.
• Decide how likely an employee is going to be harmed and the level of risk.
• Take action to eliminate or at least control the risk.

There are certain ways through which your employer may fail to ensure your safety and contribute towards your work injury:

• Exposing you to any toxic biological or chemical substances without any protective equipment.
• Failing to follow the ventilation or air conditioning standards.
• Neglecting to clear liquid spillages, leading to slip, trip and fall accidents.
• Incorrectly assembling support structures, such as scaffolding.
• Failing to store hazardous chemicals properly.
• Inadequate maintenance of workplace equipment.
• Failure to conduct risk assessments.
• Allowing employees to use machinery like forklifts improperly or without training.

Contact us now to know more about accidents at work.

Reporting Your Injury And Workplace Protocol

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) places an obligation on employers to record and report certain workplace injuries to the Health and Safety Executive (HSE). The HSE monitor health and safety at work in Great Britain.

Employers must report more serious injuries to the HSE without delay or within 10 days of the incident. Examples of these injuries are as follows:

• Fractures, except to fingers, thumbs and toes.
• Amputations.
• Injuries likely to result in permanent blindness or sight reduction of one or both eyes.
• Crush injuries affecting major organs.
• Burns of more than 10% of the body or that result in significant damage to eyes, respiratory system or other vital organs.
• Loss of consciousness due to asphyxiation.
• Hypothermia or heatstroke.
• Any injury requiring more than seven consecutive days off work.

Both internal logs and reports to the HSE are valuable evidence when making a claim. Failing to comply with RIDDOR by not recording injuries at work may also lead to criminal charges for an employer and become further evidence of negligence. It is, therefore, in everyone’s best interests to ensure these rules are followed.

You may still have a valid claim even if your injuries were not those that needed to be reported under RIDDOR. Our advisors consider incidents on a case-by-case basis and welcome all enquiries. Don’t assume – know whether you have a case for sure by calling on the number above.

I Had An Accident At Work – What Are My Rights To Sick Pay And Benefits

If you had an accident at work, ‘what are my rights to sick pay?’ may be a question you have. Your employer is only required to pay you £116.75 per week for 28 weeks after an injury at work.

This is called Statutory Sick Pay and begins after three consecutive days of illness.

Not everyone is eligible, as it depends on your employment status and personal circumstances:

• You must be an employee.
• You must earn at least an average of £123 per week
• You must tell your employer you can’t work.

These are not the only conditions that may affect your SSP eligibility. For example, you may not be able to claim SSP if you already receive Statutory Maternity Pay.

You may be able to claim for Employment and Support Allowance or Universal Credit on top of SSP. These are state benefits and are paid by the Government rather than your employer.

Your employer does not have to provide your full pay if your accident was their fault. However, you can seek the difference as part of a claim for compensation. We will explain how this works in a later section.

Next Steps – How To Start A Workplace Injury Claim

Once you answer the question, “I had an accident at work, so what are my rights?” your next step will likely be to start a claim if your employer was responsible for the injuries suffered. This involves gathering evidence and telling your employer that you are taking legal action against them.

The Civil Procedure Rules set out how this should be done, and it is at this point that hiring a professional lawyer begins to make a difference. They can send a formal Letter of Claim that sets out your arguments in the strongest terms possible and proposes a settlement for your pain, suffering, and financial losses. This can include loss of earnings due to your workplace accident.

They can also help you gather the evidence you need to back your claim.

Collecting Supporting Evidence

While no claim is guaranteed, certain cases will always be more likely to succeed. The more evidence you can provide to support your claim, for example, the more likely you are to receive a settlement in your favour. This evidence will ideally show:

• That your employer breached their duty of care and caused an incident that harmed you.
• The way in which this incident caused your pain, suffering, and financial losses.

You can gather this evidence yourself if you have the resources, time, and legal knowledge. You can also instruct a legal professional to prove an accident at work claim. Examples of items that could be useful evidence include:

• Witness contact information.
• Incident logs and HSE reports.
• Footage of the incident or your injuries.
• Medical evidence.
• Receipts or other documents showing financial losses.

Our advisors are available 24/7 if you would like to discuss the evidence that could make your case. You may be surprised to find out there are more resources available than you expected. Their contact details are at the start of this guide.

What Are The Time Limits For An Accident At Work Claim?

According to the Limitation Act 1980, you have 3 years to begin your compensation claim for an accident at work. However, there may be an exception to this time limit in case of:

• Minors: Since minors cannot claim by themselves, the time limit applies only after their 18th birthday.
• Mental Capacity: If an individual doesn’t possess the requisite mental capacity to make a claim, no time limit will apply. However, they will have 3 years to start their claim if their mental capacity returns.

In this guide, we are answering your question, ‘I had an accident at work. What are my rights?’ If you are unable to begin your claim due to the reasons mentioned above, your rights also include getting somebody else to do so. This is possible if the following categories of trusted individuals apply to the court to be appointed as litigation friends:

• Parent, guardian or siblings.
• Other family members or relatives.
• Your solicitor.
• Friends

The court will approve the appointment after examining whether the person is capable of deciding fairly in your best interests.

We understand that it may be difficult to ascertain when the time limit commences in some cases. However, our advisory team can help in that aspect, along with providing more information on injury at work rights, such as having somebody else start your claim. Contact our advisors now.

Choosing A No Win No Fee Solicitor

We have now answered the question “I had an accident at work, what are my rights?”.

Those rights include the ability to instruct a lawyer, take legal advice, and make a claim for work injury compensation. Who that lawyer will be is up to you.

One option is for those who wish to work with industry leaders with decades of experience bringing personal injury claims to a successful resolution. Our solicitors are just that, offering:

• Tried and tested methods for gathering the strongest evidence available.
• The latest legal knowledge in working towards a settlement.
• Compassion for clients across all walks of life, regardless of your situation.

You don’t have to pay upfront for their services either. When you sign a Conditional Fee Agreement (CFA) with our solicitors, you only pay for their services at the end of a successful claim. This payment is known as a success fee and is taken as a legally capped percentage of any compensation that you have been awarded. This is also known as a No Win No Fee agreement.

Furthermore, our initial consultation is completely free and comes with no obligation. Speak to our advisors today to get started.

FAQs

Below, we look at a few frequently asked questions related to accident at work claims.

Can I Still Claim If An Accident At Work Was Partly My Fault?

Yes, this is known as contributory negligence. You would claim as normal and then agree to a deduction based on your share of the blame. For example, you would take 50% of the compensation if the accident was 50% your fault.

Could I Be Fired If I Make A Workplace Injury Claim?

While it may be best to discuss the merits of your case with a legal professional before starting, you are unlikely to lose a job for taking legal action. This could expose your employer to a further claim for unfair dismissal.

What Should I Do If My Workplace Injury Isn’t Taken Seriously By My Employer?

Get all correspondence with your employer in writing if you can and contact our advisors. Not taking your workplace injury seriously would likely breach their duty of care over you and add to the evidence in your favour when it comes to making a claim.

Thank you for reading our guide on the question “I had an accident at work, what are my rights?”.