Suffering an accident at work can be a distressing experience, leaving you with physical injuries, emotional stress, and uncertainty about your rights. In the UK, employees and workers are protected by robust laws designed to ensure workplace safety and provide recourse if things go wrong. If you’ve been injured in a workplace accident, understanding your legal rights is crucial to securing the support and compensation you deserve. This blog post outlines your rights following a workplace accident and explains how Marley Solicitors can guide you through the process.
Your legal rights after a workplace accident
Under UK law, employers have a legal duty to provide a safe working environment, as outlined in the Health and Safety at Work Act 1974. This legislation, along with other regulations like the Management of Health and Safety at Work Regulations 1999 and the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), ensures that employers must take reasonable steps to protect their employees. If you’ve been injured at work, here are your key rights:
1. Right to a safe workplace
Your employer is legally obligated to maintain a safe working environment. This includes:
- Conducting regular risk assessments.
- Providing adequate training and personal protective equipment (PPE).
- Maintaining machinery and equipment to prevent accidents.
- Displaying hazard warnings, such as “wet floor” signs, and addressing risks promptly.
If your employer fails to meet these standards and you’re injured as a result, they may be liable for negligence, giving you grounds to pursue a claim for compensation.
2. Right to report the accident
You have the right to report any workplace accident without fear of retaliation. Most workplaces with 10 or more employees are required to maintain an accident book where incidents must be recorded. If your workplace doesn’t have one, you can report the accident in writing (e.g., via email or a registered letter) to your employer. Ensure the report includes:
- Your name, position, and contact details.
- The date, time, and location of the accident.
- Details of the incident and any injuries sustained.
Reporting the accident promptly is critical, as it creates an official record and may trigger a RIDDOR report for serious incidents, which employers must submit to the Health and Safety Executive (HSE).
3. Right to medical attention
Your health is the priority after a workplace accident. You have the right to seek immediate medical attention, whether through a workplace first aider, a GP, or a hospital. Medical records from these visits are vital evidence for any potential compensation claim. Keep receipts for any medical expenses, as these may be recoverable through a claim.
4. Right to statutory sick pay (SSP)
If your injuries prevent you from working, you may be entitled to Statutory Sick Pay (SSP), currently set at £116.75 per week (as of 2025) for up to 28 weeks, provided you meet eligibility criteria (e.g., earning at least £123 per week and being off work for four or more consecutive days). Check your employment contract, as some employers offer enhanced sick pay schemes that may supplement SSP.
5. Right to compensation
If your accident was caused by your employer’s negligence or failure to comply with health and safety regulations, you have the right to pursue a personal injury claim. Compensation may cover:
- General damages: For pain, suffering, and loss of amenity (e.g., inability to enjoy hobbies).
- Special damages: For financial losses, such as lost earnings, medical expenses, travel costs, and rehabilitation.
You have three years from the date of the accident (or the date you became aware of your injuries, e.g., for conditions like mesothelioma) to file a claim. Starting the process early is advisable to allow time to gather evidence.
6. Protection from unfair treatment
It’s illegal for your employer to dismiss you, demote you, or treat you unfairly for reporting an accident or pursuing a compensation claim. If this happens, you may have grounds for an unfair dismissal or constructive dismissal claim. The Employment Rights Act 1996 protects you from such retaliation, and Marley Solicitors can assist with both personal injury and employment law claims if needed.
7. Right to reasonable adjustments
If your injuries result in long-term physical or mental limitations, your employer must make reasonable adjustments to accommodate you. This could include modified duties, flexible working hours, or specialist equipment to help you perform your role safely.
Steps to take after a workplace accident
To protect your rights and strengthen a potential compensation claim, follow these steps:
- Seek medical attention: Prioritise your health and ensure your injuries are documented.
- Report the accident: Notify your manager or supervisor and ensure the incident is recorded in the accident book or via written correspondence.
- Gather evidence: Collect photographs of the accident scene, any hazards (e.g., faulty equipment), and your injuries. Obtain contact details of any witnesses.
- Keep records: Retain payslips, medical receipts, and other documents to demonstrate financial losses.
- Consult a solicitor: Contact a specialist personal injury solicitor, such as those at Marley Solicitors, to assess your case and guide you through the claims process.
Common causes of workplace accidents
According to the Health and Safety Executive (HSE), over 441,000 workplace injuries were reported in the UK in 2023/24, with common causes including:
- Slips, trips, and falls: Often due to wet floors, poor housekeeping, or inadequate signage.
- Manual handling injuries: Caused by improper lifting techniques or lack of training.
- Defective equipment: Resulting in crush injuries, amputations, or other serious harm.
- Falls from height: Common in construction or warehouse settings due to inadequate safety measures.
- Vehicle-related accidents: Including forklift collisions or being struck by moving vehicles.
If any of these incidents were caused by your employer’s negligence, you may be eligible for compensation.
How Marley Solicitors can help
Navigating a workplace accident claim can be complex, but Marley Solicitors is here to support you every step of the way. With years of experience in personal injury and employment law, our dedicated team offers:
- Free Initial Consultation: We provide no-obligation advice to assess whether you have a valid claim and explain your options.
- No Win, No Fee Service: Our solicitors work on a Conditional Fee Agreement (CFA), meaning you only pay a success fee (capped by law) if your claim is successful. This reduces financial risk and allows you to focus on recovery.
- Expert Evidence Gathering: We collaborate with medical experts, HSE reports, and other evidence to build a strong case, ensuring you receive maximum compensation.
- Comprehensive Support: From negotiating with your employer’s insurers to representing you in court (if necessary), we handle all legal aspects so you don’t have to.
- Employment Law Expertise: If you face unfair treatment or dismissal due to your claim, our employment law specialists can pursue additional claims, such as unfair dismissal, to protect your rights.
Marley Solicitors has a proven track record of securing compensation for workers across various industries, from construction to office environments. Whether you’ve suffered a minor injury or a life-altering condition, we are committed to achieving justice and helping you rebuild your life.
Frequently asked questions
Can I claim if the accident was partly my fault?
Yes, you may still be eligible for compensation, but the amount may be reduced based on your level of responsibility (e.g., a 50% reduction if you were equally at fault). A solicitor can assess your case to determine eligibility.
What if my employer doesn’t have an accident book?
If your workplace lacks an accident book (common in businesses with fewer than 10 employees), send a written record of the incident to your employer and keep a copy for your records.
How much compensation could I receive?
Compensation varies depending on the severity of your injuries, their impact on your life, and financial losses. Minor injuries may yield thousands of pounds, while severe cases (e.g., spinal injuries or amputations) could result in significantly higher awards. Marley Solicitors will provide a tailored estimate during your consultation.
Can I claim for psychological injuries?
Yes, if a workplace accident causes mental health issues like anxiety, depression, or PTSD, you can claim compensation, provided there’s medical evidence linking the condition to the incident.
Take action today
If you’ve had an accident at work, don’t delay in asserting your rights. Prompt action ensures evidence is preserved and deadlines are met. Contact Marley Solicitors today for a free, no-obligation consultation to discuss your case. Our compassionate and experienced team will guide you through the claims process, helping you secure the compensation and support you deserve.
Call us on 0330 999 1888 or complete our online contact form to start your claim. With Marley Solicitors by your side, you can focus on recovery while we fight for your rights.