I Had an Accident at Work, What are my Rights? Employer’s Liability Claims FAQs

If you’ve suffered an injury at work, you may be entitled to claim compensation under employer’s liability law. Whether it was a slip, manual handling injury, or a serious machinery accident, UK employers have a legal duty to keep you safe. If they fail, they can be held accountable.

Personal injury lawyer, Handan Demir, has prepared this guide to answer frequently asked questions and help you understand your rights.

What is an Employer’s Liability Claim?

An employer’s liability claim is a personal injury claim against your employer when their negligence or breach of duty has caused you harm at work. This includes injuries from unsafe practices, lack of training, faulty equipment, or dangerous working conditions.

What duties does my employer have?

Under the Health and Safety at Work Act 1974, employers must:

• Provide a safe workplace and safe systems of work
• Offer adequate training, supervision, and PPE (personal protective equipment)
• Maintain equipment and machinery
• Conduct risk assessments and act on hazards
• Prevent harassment, bullying, and work-related stress

Failing in any of these duties could enable you to make a valid claim.

What kind of workplace injuries can I claim for?

You may be able to claim compensation for injuries in the workplace including:

• Slips, trips, and falls (wet floors, uneven surfaces)
• Manual handling injuries (lifting without training)
• Falls from height
• Machinery or equipment accidents
• Burns, cuts, or chemical exposure
• Repetitive strain injury (RSI)
• Work-related stress, anxiety, or PTSD
• Industrial diseases (asbestos, noise-induced hearing loss)

Can I claim for workplace injuries if I was partly to blame?

Yes. Even if you were partially at fault, you may still be able to receive compensation under contributory negligence – when an injured person has partial responsibility for their injuries. Your damages might be reduced, but the claim can still succeed.

What can I claim compensation for?

A workplace injury claim may include claims for:

• Pain and suffering (general damages)
• Loss of earnings
• Future loss of income or pension
• Medical treatment, including prescriptions, rehab, etc.
• Travel expenses
• Care and support at home
• Psychological harm

Is my job at risk if I make a claim?

No, it is unlawful for an employer to dismiss or penalise you for making a genuine injury claim. You are protected under employment law from victimisation. Employers are insured specifically for this purpose.

Will I be claiming against my employer directly?

No. In nearly all cases, your claim will be handled by their employer’s liability insurance provider. All employers are legally required to have this insurance.

How long do I have to make a claim?

You typically have 3 years from the date of the accident (or knowledge of your injury). For industrial disease cases (e.g. asbestos exposure), the 3 years starts when you become aware of the illness.

There are exceptions (no time limit to claim) for:

• Children (they have 3 years to claim from their 18th birthday)
• Those lacking mental capacity (there is no time limit for them to claim)

How do I prove my employer’s negligence?

Your solicitor will help you collect evidence of the negligence, which may include:

• Accident report forms
• CCTV or witness evidence
• Photos of the scene/equipment
• Risk assessments and training records
• Medical evidence and expert reports

In some cases, employers are held strictly liable, even without proving fault, under regulations such as the Provision and Use of Work Equipment Regulations (PUWER) – a law designed to ensure the safety of people who use, operate, and maintain equipment at work.

What if the accident wasn’t reported?

It’s still possible to claim. While an accident report is ideal, other evidence like medical records, texts/emails to supervisors, or witness statements can support your case.

Do I need a solicitor?

Yes, you are strongly advised to instruct a solicitor if you’re considering a workplace injury claim, because they can be complex. Your solicitor will:

• Assess whether your employer breached a duty
• Gather medical and workplace evidence
• Negotiate with insurers
• Ensure you receive the full amount you’re entitled to

How much do workplace injury claims cost?

Most solicitors can offer fee agreements that mean you don’t need to pay upfront for their fees in workplace injury claims. Please get in touch to discuss your case and whether you may be eligible for this kind of agreement. With these agreements, a success fee (usually up to 25%) is deducted from your compensation. Always ensure you understand your agreement and potential legal fees before starting a claim.

Final Thoughts

If you’ve suffered a workplace injury, you have a right to seek justice, alongside financial support during your recovery. Don’t suffer in silence or worry about making a claim. The law is there to protect you, and compensation can make a real difference to your future.

For advice or a free case assessment, please get in touch.