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What are my injury at work rights?

Health and Safety law says you have the right to: 

  • Work in an environment where any risks to your health and safety are controlled properly. 
  • Stop working and clear the area if you think you or your colleagues may be in danger. 
  • Be consulted by your employer on health and safety matters. 
  • Report any health and safety issues to your employer. 
  • Contact the Health and Safety Executive (HSE) or your local council without fear of intimidation or mis-treatment. 
  • Join a trade union and be a safety representative.
  • Receive paid time off work for training as a safety representative. 
  • Rest periods of at least 20 minutes if you work more than six hours without a break.
  • Appropriate on-site first-aid facilities and trained first aiders.

Did you know?

In 2018/19, over 89,400 accident at work compensation claims were registered with the Compensation Recovery Unit, part of the Department for Work & Pensions. That's an average of 354 claims every working day of the year.

What should I do after an accident at work?

There are many different types of accident at work. From industrial injury, forklift, agricultural and office accidents to manual handling injury,repetitive strain injury and occupational illnesses like asbestosis.

The first thing you should do if you've had an accident at work is get immediate first aid help. If you've been badly injured, lose consciousness or cannot move, those around you will be able to assist in the first instance.

  • Call or ask a colleague to find a designated first aider and first aid kit. All workplaces in the UK must have both.
  • Stay still if it's safe to do so. The first aider or a colleague will look after you, including calling for an ambulance if needed.
  • If in doubt, always get to your local hospital A&E and make sure a colleague goes with you. 
  • Even minor injuries can involve complications or longer-term effects so see your GP as soon as you can and get checked out.

Before you think about making an accident at work claim, focus on your recovery. When you feel ready and you think you may be eligible to make a claim, call us on for a confidential chat with one of our friendly, legally-trained advisors.


What steps do I take after treatment?

After you've been treated, either by the first aider or in hospital, make sure you tick off these actions.

Report your accident at work to your colleagues: they are key witnesses that make sure an employer cannot dispute that the accident occurred. It'll also make your co-workers aware of the threat so they can avoid being hurt in the same way. 

Report your injury at work to your manager: this makes the accident official and triggers your employer's process for handling it. Certain accident at work injuries must also be reported to the Health and Safety Executive for formal investigation.

Ask your employer to log the incident in the Accident Book: every organisation should have an Accident Book and your employer should record every accident at work in it. If your employer is reluctant to do so, formally ask for it to be done by emailing or writing to them. 

To do this, send any email from your personal account so it cannot be deleted by your employer. If using the post, send your letter by recorded delivery so there's proof you sent it.

Take photographs and video of your injuries: they form a key part of your evidence. Keep a daily diary describing your symptoms and how you are recovering. Also keep a log of any lost income or financial expenses you incur as a result of your accident at work. Doing this will help protect your accident at work pay rights.

Keeping on top of these tasks will make it easier for your solicitor to build any subsequent accident at work claim you choose to begin.

Ask a trusted colleague to help you: they will be your eyes and ears if you are off-work recovering. They can also help make sure that your accident at work is recorded properly, processes followed correctly, and your injury at work rights not infringed. Alternatively, speak to your union rep if you're a member. They will be able to give you a lot of support.

Don't let your injury at work rights be compromised: if your employer isn't handling your accident at work in the proper way, you can submit a formal grievance which will compel them to recognise the incident. 

If you find your employer making life difficult for you, also considering submitting a Data Subject Access Request - DSAR for short. This compels them under data protection laws called GDPR to give you a copy of all information they hold about you. 

If you decide to make an accident at work compensation claim, make sure you send the DSAR request before your solicitor begins the claim. This will prevent your employer challenging the request at a later date once the claim is submitted and underway. Your solicitor will explain this to you should this course of action be needed.   

If you think you may have grounds to make an accident at work compensation claim, then we can help. Call us on for a confidential chat. It's important to us that your injury at work rights are not infringed.


My injury at work rights: how is compensation calculated?

If your accident at work was caused by your employer's negligence, then your injury at work rights mean you'll likely be able to make a workplace injury claim.  You typically have up to three years to make a claim from the date of your accident at work. There are some special exceptions to the three-year rule, depending on the circumstances of your accident at work claim.

Compensation is made up of several categories of loss. The amount you receive in a successful claim - and how long it takes - depends on your injury or illness, its severity and effect on your life. When you make a claim with us, your solicitor will consider the full impact of what you have suffered. It's important you're properly compensated and that your employee rights after accident at work are protected.

It's not just about your pain and physical suffering. There are several areas of compensation your solicitor will include:

General damages

This is the compensation for pain, suffering and ‘loss of amenity'. Loss of amenity are the things you did that you took for granted but no longer can because of the accident or industrial illness you've suffered.

Special damages

These are the financial losses you may have suffered as a result of your accident at work. They include:

  • Time off work and lost earnings.
  • Future loss of income.
  • Changes to your ability to work.
  • The psychological trauma you may have endured.
  • Any care or support you've needed, even if given free by family and friends.
  • Any changes you might have needed to make to you your home or car.
  • Paid medical treatments, travel to treatment and any related accommodation costs.

You won't have an accurate idea of the potential settlement amount until your solicitor has started negotiating with your employer's insurers.

However, we have over 25 years' experience of helping with no win no fee accident at work claims. For an idea of how much your claim could be worth, try our compensation calculator. Alternatively, call us for free and impartial advice now on . Our solicitors are here to help protect your workplace injury rights.


Will I lose my job if I make an accident at work compensation claim?

It can feel a little daunting to make a compensation claim against your employer. However, the law is absolutely clear here: your employer cannot dismiss, harass or in any other way make your life difficult at work if you start an accident at work compensation claim. If they do, they are breaking the law and infringing your accident at work rights.

  • If your employer tries to sack you for making - or considering making - a compensation claim, you may have a case for unfair dismissal
  • If they deliberately make your life at work so tough you end up resigning, you may have a case for constructive dismissal.

We understand that you may worry about making a claim against your employer. It's a very valid concern. We're a trusted national helpline with 25 years' experience helping people win the compensation they deserve. 

We'll give you the free, impartial and confidential advice you need to think about a personal injury at work claim. In your own time and in your own way. No rush. No pressure.

If you then decide to start an injury at work claim, we'll guide you through those initial first steps. We'll then introduce you to one of our specialist accident at work solicitors. They'll protect your injury at work rights. UK calls to us are always free: contact us now on to find out more.