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A Guide To Your Legal Rights If You Get Injured At Work

Last updated 3rd January 2025. Have you been injured at work in an accident that wasn’t your fault? You may be entitled to compensation.

In this guide, we will show how this is possible and answer the question, “I have been injured at work; what are my rights?” You have several legal rights after a workplace accident, including options if you lose your job or have to take time off.

As we shall see, your employer has a legal responsibility to keep you reasonably safe while you’re at work. If they don’t, you may be able to claim compensation from them for your pain, suffering, and losses. We will look at how and why.

There are also deadlines for filing personal injury claims. We will explain how these may apply to you and the exceptions to the general three-year rule.

Finally, we will explain the benefits of claiming with the help of our No Win No Fee solicitors. While reading through the article will help, you can contact our advisors for guidance. They can provide a free initial consultation with absolutely no obligation.

A man in blue overalls sat on the floor holding his lower back in pain.

Select A Section 

  1. I Was Injured At Work; What Are My Rights?
  2. What Is Statutory Sick Pay?
  3. Do I Get Full Pay If Injured At Work?
  4. Do I Have The Right To Claim Compensation For An Injury At Work?
  5. Compensation Payouts For Accidents at Work
  6. Legal Expert Can Help Protect Your Rights
  7. Learn More About Your Rights If Injured At Work

I Was Injured At Work; What Are My Rights?

To help answer the question, “I’ve been injured at work. What are my rights?”, it is worth considering what employers’ responsibilities are to protect the safety of their employees.

All employers are responsible for the health and safety of their employees and any visitors to their premises (these could be customers, suppliers, or the wider public). Additionally, there are regulations and accident-at-work procedures for hazardous environments and industrial settings.

All employers must conduct a risk assessment in accordance with HSE guidelines and then take the necessary steps to ensure the health and safety of employees and visitors. This includes training and employing enough first aiders and providing suitable first aid equipment.

Could I Get Sacked For Having An Accident At Work?

In most cases, the answer is no. However, if you were deemed at fault for causing the injury, then your employer could use this as a justification for sacking you.

In cases where your employer has sacked you wrongly, you could make a separate claim for unfair dismissal.

We’ve compiled a comprehensive guide on workplace accidents and dismissals, which you can read here.

What Is Statutory Sick Pay?

Statutory Sick Pay (SSP) is a scheme paid by your employer that can provide a form of income while you are off work sick or injured. If you are ill or have been injured at work, sick pay can be offered through this scheme if the following applies:

  • You work directly for an employer, or you are an agency worker (self-employed workers can’t claim SSP).
  • You have been off work sick or injured for four full days or more in a row (including your non-working days).
  • The amount you receive for your job is at least £123 a week on average, before tax.
  • You must have already started work with your current employer (you can’t claim SSP if you are sick before starting your job).

When you’re eligible to claim Statutory Sick Pay, you can receive a set weekly amount for up to 28 weeks.

To claim SSP, you need to prove you have an illness or injury that is stopping you from working. This can be done by obtaining a fit or sick note from a qualified medical professional such as your GP, a hospital doctor or a nurse.

You can contact our advisors for free today if you have questions about claiming compensation for a work accident or sick pay.

Do I Get Full Pay If Injured At Work?

One of the questions we often receive regarding injury-at-work claims is, “Do I get full pay if I’m injured at work in the UK?” Unfortunately, the answer can be complicated.

If you’re injured at work, your pay in the UK depends on what your contract says. Some companies offer comprehensive sick pay policies and provide their employees with full pay for a set amount of time. Others offer sick pay at a 50% or 25% reduction.

But sick pay isn’t guaranteed, and your employer isn’t legally obligated to match your salary if you are off sick. However, they are obligated to pay Statutory Sick Pay (SSP) if they meet the criteria and apply, as explored above.

Another option is to make a compensation claim. A successful workplace injury claim could help you cover your lost earnings, even if you received sick pay during your absence. Contact our team today to learn more, or keep reading for more information.

Do I Have The Right To Claim Compensation For An Injury At Work?

Under the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care. Per this duty, they must ensure your health and safety while in the workplace so far as is reasonably practicable. In the section above, we listed some examples of the steps your employer could take to maintain their duty of care.

If you have been injured at work, you may be able to make an accident at work claim. However, you must be able to meet the relevant eligibility criteria, which is:

  1. Your employer owed you a duty of care.
  2. They breached this duty of care.
  3. Due to this breach, you suffered an injury.

For example, if your employer fails to provide you with sufficient manual handling training, you could suffer a back injury due to poor technique while performing your lifting and carrying duties.

To see whether you may be eligible to make a claim for compensation for an injury at work, you can contact our friendly team of advisors today.

How Long Do I Have To Claim After A Workplace Accident?

If you’re interested in making an injury at work claim, it’s important to note that you must start proceedings within the relevant time limit. This time limit is three years, as set out by the Limitation Act 1980, and begins on the date you were injured. 

The time limit freezes for those injured while under the age of eighteen. A litigation friend can start legal proceedings at any time while the time limit is frozen. Otherwise, the limitation period will begin on their 18th birthday and end when they turn 21.

Similarly, the time limit is suspended indefinitely for claimants who cannot make claims for themselves. The time limit only applies if they regain the capacity to make claims for themselves; if not, a litigation friend can bring a claim on their behalf at any time. 

Our team of advisors are here to help. Get in touch today to find out if you are within the time limit to make a work injury claim.

Injured worker lying on the floor with collapsed ladder on top of them

Legal Expert Can Help Protect Your Rights

If you are eligible to make a personal injury claim following an accident at work, one of our solicitors could help you with your case. They could assist you with gathering sufficient evidence, filing your claim within the correct time limit and negotiating a compensation settlement on your behalf.

Furthermore, one of our solicitors may offer to work on your work injury claim on a No Win No Fee basis by offering you a Conditional Fee Agreement (CFA). With this contract in place, you will not need to pay them for their legal services upfront or while your claim is progressing. You also won’t be required to pay for their work if they are unsuccessful in obtaining compensation for you.

Should they succeed, however, you will have to pay them a success fee. This fee will be taken directly from your compensation as a legally limited percentage.

Contact our advisors today to see if you could work with one of our No Win No Fee solicitors. They could also offer you free advice for your case and answer questions such as, ‘I was injured at work; what are my rights?’. Connect with them today by:

A client asks a solicitor the question 'I was injured at work; what are my rights.'

Learn More About Your Rights If Injured At Work

If you’d like to learn more about accident-at-work claims, we’ve included some helpful links below:

  • Compensation Claim Time Limits – Find out how long you have to make a personal injury claim after an accident or injury with this guide.
  • No Win No Fee Claims – Read our guide on how to make a successful no win no fee compensation claim, whether you have been injured at work or in another setting.
  • NHS- First Aid – An NHS guide to administering first aid.

Below, you can find a list of guides which may tell you more about injury-at-work claims:

Thank you for reading our answer to the question, “I was injured at work; what are my rights?”.