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I Had An Accident At Work, What Are My Rights?

You could be owed compensation if you are wondering “I had an accident at work, what are my rights?”. This guide will explain exactly what those rights are and what Legal Expert can do to help you uphold them after an accident at work.

First, we will summarise your rights and explain where they come from as far as the law is concerned. Certain pieces of legislation are designed to protect you as an employee, and, as we shall see, they also create employer responsibilities to look after your wellbeing. When these obligations are not met, harm can happen.

We will then discuss the steps you can take if it does. One of your rights is to take legal action against an employer if an accident at work is their fault. This guide will explain exactly how you can start such a claim today and begin your journey towards compensation.

We will also advise on steps you can take in the meantime if you are unable to work, including your options for sick pay. These may be useful regardless of whether your employer caused your accident.

Finally, we will set out the benefits of working with a No Win No Fee personal injury lawyer from Legal Expert. You do not have to read this entire guide to get started. If you prefer, you can contact our advisors to begin the process today:

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Your Rights After An Accident At Work

“I had an accident at work. What are my rights?”

This question has more than one answer. The short version is that your work injury rights include:

  • The right to record a health and safety incident in your workplace accident book. All employers with 10 or more members of staff must keep such records.
  • The right to report safety concerns in the workplace.
  • The right to receive first aid where necessary for your wellbeing.
  • The right to make a personal injury claim if you have been subject to your employer’s negligence.
  • The right to seek legal advice from your trade union or a lawyer.
  • The right to receive Statutory Sick Pay (SSP) if you are eligible.
  • The right to request reasonable adjustments so you can return to work after a period of illness or injury.
  • The right to take annual leave for periods of illness.
  • The right to not have to take annual leave when for periods of illness.

We will explain the long version throughout the rest of this guide. Feel free to read through each section or jump straight to a conversation with our advisors. Their details are above, and they can help you understand if your rights have been affected.

An Employer’s Duty Of Care And How It Affects You

Your employer has a duty of care under The Health and Safety at Work etc. Act 1974 (HASAWA) to take reasonably practicable steps to protect you from harm in the workplace. This means that, under the law, you can expect your employer to:

If they fail to do any of the above or unreasonably put you in danger in any other way, they breach this duty of care. Their conduct becomes negligent if this breach harms you, and, in this scenario, you would likely gain the right to seek compensation from them.

To summarise, negligence is when:

  • Your employer has a duty of care over you.
  • Your employer breaches that duty.
  • This breach harms you.

If you can prove this, either by yourself or with the help of an expert, you can claim for workplace injury compensation. Our advisors can connect you with an expert if your case has merit. Contact them today to know more about what to do if you had an accident at work and what are your rights. Their details are at the top of this guide.

Reporting Your Injury And Workplace Protocol

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) places an obligation on employers to record and report certain workplace injuries to the Health and Safety Executive (HSE). The HSE monitor health and safety at work in Great Britain.

Employers must report more serious injuries to the HSE without delay or within 10 days of the incident. Examples of these injuries are as follows:

  • Fractures, except to fingers, thumbs and toes.
  • Amputations.
  • Injuries likely to result in permanent blindness or sight reduction of one or both eyes.
  • Crush injuries affecting major organs.
  • Burns of more than 10% of the body or that result in significant damage to eyes, respiratory system or other vital organs.
  • Loss of consciousness due to asphyxiation.
  • Hypothermia or heatstroke.
  • Any injury requiring more than seven consecutive days off work.

Both internal logs and reports to the HSE are valuable evidence when making a claim. Failing to comply with RIDDOR by not recording injuries at work may also lead to criminal charges for an employer and become further evidence of negligence. It is, therefore, in everyone’s best interests to ensure these rules are followed.

You may still have a valid claim even if your injuries were not those that needed to be reported under RIDDOR. Our advisors consider incidents on a case-by-case basis and welcome all enquiries. Don’t assume – know whether you have a case for sure by calling on the number above.

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I Had An Accident At Work – What Are My Rights To Sick Pay And Benefits

If you had an accident at work, ‘what are my rights to sick pay?’ may be a question you have. Your employer is only required to pay you £116.75 per week for 28 weeks after an injury at work.

This is called Statutory Sick Pay and begins after three consecutive days of illness.

Not everyone is eligible, as it depends on your employment status and personal circumstances:

  • You must be an employee.
  • You must earn at least an average of £123 per week
  • You must tell your employer you can’t work.

These are not the only conditions that may affect your SSP eligibility. For example, you may not be able to claim SSP if you already receive Statutory Maternity Pay.

You may be able to claim for Employment and Support Allowance or Universal Credit on top of SSP. These are state benefits and are paid by the Government rather than your employer.

Your employer does not have to provide your full pay if your accident was their fault. However, you can seek the difference as part of a claim for compensation. We will explain how this works in a later section.

Next Steps – How To Start A Workplace Injury Claim

Once you answer the question, “I had an accident at work, so what are my rights?” your next step will likely be to start a claim if your employer was responsible for the injuries suffered. This involves gathering evidence and telling your employer that you are taking legal action against them.

The Civil Procedure Rules set out how this should be done, and it is at this point that hiring a professional lawyer begins to make a difference. They can send a formal Letter of Claim that sets out your arguments in the strongest terms possible and proposes a settlement for your pain, suffering, and financial losses. This can include loss of earnings due to your workplace accident.

They can also help you gather the evidence you need to back your claim.

Collecting Supporting Evidence

While no claim is guaranteed, certain cases will always be more likely to succeed. The more evidence you can provide to support your claim, for example, the more likely you are to receive a settlement in your favour. This evidence will ideally show:

  • That your employer breached their duty of care and caused an incident that harmed you.
  • The way in which this incident caused your pain, suffering, and financial losses.

You can gather this evidence yourself if you have the resources, time, and legal knowledge. You can also instruct a legal professional to prove an accident at work claim. Examples of items that could be useful evidence include:

  • Witness contact information.
  • Incident logs and HSE reports.
  • Footage of the incident or your injuries.
  • Medical evidence.
  • Receipts or other documents showing financial losses.

Our advisors are available 24/7 if you would like to discuss the evidence that could make your case. You may be surprised to find out there are more resources available than you expected. Their contact details are at the start of this guide.

A solicitor makes notes as they answer the question "I had an accident at work, what are my rights?".

Choosing A No Win No Fee Solicitor

We have now answered the question “I had an accident at work, what are my rights?”.

Those rights include the ability to instruct a lawyer, take legal advice, and make a claim for work injury compensation. Who that lawyer will be is up to you.

One option is for those who wish to work with industry leaders with decades of experience bringing personal injury claims to a successful resolution. Our solicitors are just that, offering:

  • Tried and tested methods for gathering the strongest evidence available.
  • The latest legal knowledge in working towards a settlement.
  • Compassion for clients across all walks of life, regardless of your situation.

You don’t have to pay upfront for their services either. When you sign a Conditional Fee Agreement (CFA) with our solicitors, you only pay for their services at the end of a successful claim. This payment is known as a success fee and is taken as a legally capped percentage of any compensation that you have been awarded. This is also known as a No Win No Fee agreement.

Furthermore, our initial consultation is completely free and comes with no obligation. Speak to our advisors today to get started.

FAQs

Can I Still Claim If An Accident At Work Was Partly My Fault?

Yes, this is known as contributory negligence. You would claim as normal and then agree to a deduction based on your share of the blame. For example, you would take 50% of the compensation if the accident was 50% your fault.

Could I Be Fired If I Make A Workplace Injury Claim?

While it may be best to discuss the merits of your case with a legal professional before starting, you are unlikely to lose a job for taking legal action. This could expose your employer to a further claim for unfair dismissal.

What Should I Do If My Workplace Injury Isn’t Taken Seriously By My Employer?

Get all correspondence with your employer in writing if you can and contact our advisors. Not taking your workplace injury seriously would likely breach their duty of care over you and add to the evidence in your favour when it comes to making a claim.

Thank you for reading our guide on the question “I had an accident at work, what are my rights?”.

More Helpful Links

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