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Find Out How To Claim Compensation For An Accident At Work In Scotland

Have you been injured in an accident at work in Scotland? Contact Legal Expert to get a personal injury claim started.

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By Stephen Hudson. Last Updated 2nd October 2025. If you’ve been injured in an accident at work in Scotland, you may be giving some thought to starting a workplace compensation claim. Employers have a legal obligation to ensure your safety at work, whether it be providing protective equipment, conducting training sessions, or performing machinery checks. Therefore, if your employer’s failure to ensure your safety resulted in your injuries, you could be eligible to receive a compensation pay-out. Thankfully, our advisors are here to help you.

Our team of friendly advisors work around the clock to provide advice and answer questions for people just like you. Following a free eligibility assessment, you could also be connected with one of our expert No Win No Fee solicitors if your case is strong. From here, you could enjoy help with evidence-gathering, explanations of legal terminologies and the arrangement of physiotherapy to aid recovery from your injuries. To learn more about these services, please don’t hesitate to contact our team today.

What You Need To Know About Accident At Work Claims In Scotland

  • What should I do after an accident at work? Firstly, you will need to assess your injuries and seek immediate medical attention if required. You should also report the accident to your superior; an accident report form should also be completed as soon as possible.
  • Can I lose my job if I make a workplace accident claim against my employer? No, an employer cannot fire you for exercising your employment rights. However, your employer can terminate your contract if they have reasons to believe you acted with gross misconduct.
  • Can I get full pay after a work-related injury? Your employer is not required to pay your full salary for taking time off; you should however check your contract of employment if there are clauses regarding this. Despite this, you could still be eligible to apply for statutory sick pay (SSP). 
  • How long after a workplace accident can I claim? Typically, you will have a 3 year time limit from the date of the accident.
  • How long will a workplace accident claim take to settle? Whilst there is no definitive time frame for an accident at work claim, our solicitors work diligently to progress claims in a timely manner. Nevertheless, the severity of your injuries and your recovery period may affect the length of your claim.

A worker lying injured on the floor with their colleague trying to help.

Am I Eligible To Claim For A Work Accident In Scotland?

To be eligible to make a personal injury claim following an accident at work in Scotland, you must be able to prove that your injuries directly resulted from your employer breaching their duty of care.

As outlined in the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care. Per this duty, they must take reasonably practicable steps to ensure your safety while you are working and in the workplace. If your employer were to fail to uphold the duty of care they owe you this could result in you suffering a work injury, and you might have valid grounds to begin a claim for compensation.

If you are considering claiming for a work accident in Scotland but are unsure whether you meet the eligibility requirements, our advisors can help clarify free of charge. You could also be connected with our expert accident at work solicitors on a No Win No Fee basis.

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How Long Do I Have To Make A Personal Injury Claim?

Personal injury claims in Scotland have to be started within the time limit. Under the Prescription and Limitation (Scotland) Act 1973, this is generally 3 years from the date you suffered the injury.

In Scotland, those under the age of 16 are unable to represent themselves in legal proceedings. In these instances, the time limit is suspended, and a parent or guardian is able to claim on their behalf. Once the claimant turns 16, if one has not already been started, they will have the usual 3 years to start a personal injury claim.

For more information on Scotland claims, or to find out if you are still within your time limit to claim for a Scotland accident, get in touch with our advisors today.

Injury At Work In Scotland – Example Scenarios

There are various injuries you could suffer in an accident at work. These will depend on the situation that caused them. In the list below, we take a look at how you could suffer an injury at work in Scotland.

  • Slips, trips and falls – These can cause anything from a minor injury, such as a sprained ankle, to major head trauma. To avoid slips, trips and falls, walkways should be kept free of clutter and liquids.
  • Manual handling injuries – Handling objects in an improper fashion due to inadequate training can cause a back injury.
  • Faulty machinery – Any equipment used at work needs to be adequately maintained with appropriate maintenance checks carried out. For example, if a belt breaks on a conveyor system, an employee could suffer a finger crush injury.

However, to be eligible to make a personal injury claim, you must be able to prove that your injury was directly caused by your employer breaching their duty of care.

Contact an advisor from our team to discuss whether you have a valid injury at work claim in Scotland.

A set of images depicting different accidents at work, including a slip, trip or fall.

 

Top Tips For Proving An Accident At Work Claim

If you’ve had an accident at work in Scotland, as with the rest of the UK, you will only be able to make a successful claim if you can establish negligence. This means that you must be able to prove that your injuries were due to your employer breaching the duty of care they owed you. This can be achieved by gathering evidence.

Here are some examples of evidence you can acquire to help support accident claims in Scotland:

  • CCTV footage
  • Photographs
  • Your medical records
  • Witness contact details which can be used to gather statements later on

This is not a complete list; there are other forms of evidence as well that could help you. It’s important to note that the claims process in Scotland may differ so if you have suffered injuries in a workplace accident in Scotland due to your employer’s negligence, get in touch with us today.

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How Much Compensation Can I Be Awarded For An Accident At Work In Scotland?

If you make a successful claim for an accident at work in Scotland, then your compensation payout may comprise of general damages and special damages.

General damages compensate you for the pain and suffering you’ve endured because of your injuries. The compensation you may receive for these damages will depend mainly on what injuries you have and how severe they are.

In England and Wales, those who value an accident at work claim may use a publication called the Judicial College Guidelines (JCG). Although the JCG does not apply to any accident claim in Scotland, the figures could still provide some insight into the potential compensation amount you may receive for your injuries.

You can view some of the figures from the JCG in the table below, which should be viewed as a guide only. Take note that the table’s first entry is not based on the JCG.

Type Of InjurySeveritySettlements
Multiple Very Serious Injuries and Monetary LossesVery SeriousUp to £250,000+
Arm InjurySevere£117,360 to £159,770
Less Severe Injury£23,430 to £47,810
Hand InjurySerious Damage To Both Hands£68,070 to £103,200
Serious Injury (To One Hand)£35,390 to £75,550
Back InjuryModerate (i)£33,880 to £47,320
Moderate (ii)£15,260 to £33,880
Neck InjuryModerate (i)£30,500 to £46,970
Shoulder InjurySerious£15,580 to £23,430

Special Damages For Scotland Accidents At Work

Your compensation for an accident at work could potentially also include special damages, which compensate for financial losses or expenses related to the incident and your injuries. To claim special damages, you will need certain documents as evidence, such as bank statements, invoices or wage slips. Examples of what may be claimed as special damages include:

  • The cost of certain medications or treatments you’ve needed to aid your recovery.
  • Travel expenses for attending appointments, such as train tickets or taxi fares.
  • Loss of earnings if your injuries have meant you’ve needed to take unpaid time off work.

Want to learn more about how much you could claim for an injury at work in Scotland? Contact our advisors for free and they can discuss your potential case and the key steps of the claiming process.

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How Long Do Accident At Work Claims Take?

The length of time it can take to complete an accident at work in Scotland claim varies from claim to claim. For example, a claim for an amputated foot compared to a claim for a broken finger injury is very different.

Even two claims that appear similar may have different circumstances to consider. There are also factors outside of the claim that you and your legal team cannot control. These include:

  • Whether your claim goes to court or not (it is typically quicker to settle a claim outside of court)
  • The court schedule (if the court is busy, it may take longer)
  • If the defending party accepts liability or wishes to dispute this
  • Whether you have had a complete recovery from the injury you sustained due to your workplace accident
  • The evidence that you need to provide (you may need witness statements and an independent medical assessment to support your claim, which can take a while to complete)

Should you choose to work with one of our solicitors to claim for an accident at work in Scotland, we can offer support throughout the whole process of the claim. We maintain an excellent line of communication to provide you with the information you need to make decisions for your claim efficiently.

Make A No Win No Fee Claim For An Accident At Work In Scotland

Following an accident at work in Scotland, you could choose to instruct a No Win No Fee solicitor to represent your personal injury claim in Scotland. If you have eligible grounds to proceed with your case, a solicitor could offer you one of two types of contracts. These are a Damages Based Agreement or Speculative Fee Agreement, both of which can be provided under the legislation called the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018.

Generally, this means:

  • There are no fees owed for your solicitor’s services upfront, while the claim is ongoing, or if it has a failed outcome.
  • If your claim is a success, your solicitor will deduct a success fee from your compensation. However, the percentage they are legally allowed to take is capped. As such, you can keep the most of your awarded payout.

A solicitor working on a claim for an accident at work in Scotland.

Contact Legal Expert Today

If you are seeking personal injury compensation for an accident in Scotland, get in touch to see whether you could make a claim.

You can also check our reviews to see why so many choose Legal Expert when beginning an injury at work claim in Scotland.

Our advisors can arrange a free consultation to discuss your case. All you need to do is:

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Resources For Victims Of Accidents At Work In Scotland

Below, you can find more useful information on making an injury claim for a Scotland accident:

Further helpful external resources:

If you have any questions about claiming compensation for an injury and accident at work in Scotland, please don’t hesitate to get in touch.

  • Patrick Mallon legal expert author

    Patrick Mallon (BA, PgDl) is a Grade A personal injury solicitor and Head of our EL/PL Department, which handles accidents at work and public liability claims, such as slips, trips and falls. Patrick qualified in 2005 and has over 20 years of experience as an SRA-regulated solicitor. Patrick is well-known in the legal industry for his successful case, Billie Mae Smith v McDonalds. You can learn all about Patrick, his qualifications and his experience as a solicitor by clicking below.

    Learn more about Patrick
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