I Had An Injury At Work, What Are My Rights?
Below, you can learn all about your legal rights if you’ve suffered an injury at work
£85 million in compensation
I Had An Injury At Work, What Are My Rights?
Below, you can learn all about your legal rights if you’ve suffered an injury at work
Last Updated On 3rd March 2025. If you have found yourself in a position where you are asking, ‘I had an injury at work, what are my rights?’, you have come to the right place! We understand that injury work law can be confusing to follow, and there is a lot of information out there, which can be overwhelming. There are many laws that are in place to protect your health and safety in the workplace. If you suffered an injury due to your employer failing to uphold said laws, you may be able to make a compensation claim.
We outline some of the key accident at work legislation and explain whether you can be fired after an injury at work. Additionally, we explain whether you can claim money from the government while sick. Furthermore, you can learn about the eligibility requirements for starting a claim.
Finally, we explain the fee arrangement that our solicitors work under. You can reach out to an advisor at any time for more information about our No Win No Fee services. We understand that you may wish to make a claim but feel worried about potential legal costs. Contact us for further advice, with the offer of a free case assessment and no obligation to proceed after you have the information you seek:
- Call us on 0151 375 9916
- Get in touch online
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What Are My Rights After A Workplace Injury?
If you’ve suffered an injury at work, it’s important to be aware of your legal rights and protections. Employers and colleagues may throw a lot of information at you, and if you’re in a lot of pain and discomfort, you may need clarity, so here’s a simple breakdown of your rights:
Right to Report the Injury
- All workplace injuries should be reported to your employer as soon as possible. Employers are obligated to record the injury in the workplace accident book (if they have 10 or more employees).
- Serious injuries, illnesses, or dangerous incidents must also be reported by the employer to the Health and Safety Executive (HSE) under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
Right to Medical Attention
- Workers are entitled to seek medical treatment immediately after the injury occurs.
- Employers should provide first aid and, if necessary, arrange transportation to a medical facility.
Right to Sick Pay
- If unable to work due to the injury, employees may be eligible for Statutory Sick Pay (SSP), provided they meet the eligibility criteria.
- Some employers offer enhanced contractual sick pay, so it’s worth checking employment contracts.
Right to a Safe Working Environment
- Employers have a legal duty under the Health and Safety at Work etc. Act 1974 to provide a safe workplace. Failure to do so could be grounds for liability.
Right to Claim Compensation
- Employees can claim compensation if the injury occurred due to the employer’s negligence, breach of duty, or unsafe working conditions.
- This can be done through a personal injury claim or through an employer’s liability insurance, which all employers are required to have.
Right to Protection from Retaliation
- Employees cannot be dismissed, demoted, or treated unfairly for reporting a workplace injury or making a compensation claim.
Right to Return to Work
- If able to return, the employer must accommodate any reasonable adjustments to assist the employee, especially if the injury results in a disability under the Equality Act 2010.
Right to Access Information
- Employees can request a copy of the accident book entry and any relevant workplace risk assessments.
- They are also entitled to information about the employer’s insurance details for making a claim.
Right to Confidentiality
- Employers must handle personal and medical information related to the injury in compliance with data protection laws.
Right to Legal Advice and Support
- Employees can seek advice from legal professionals, trade unions, or citizen advisory groups.
- Many law firms offer “no win, no fee” arrangements for workplace injury claims.
Can I Be Sacked For Suffering An Injury At Work?
You cannot be dismissed or sacked by your employer if you suffered an injury at work, unless you were wholly responsible for the injury and caused harm to others. This could be deemed gross negligence.
If your employer dismisses you for the mere act of getting injured, for example, slipping over on spilled liquid on the shop floor, they could expose themselves to a claim under employment law.
Can I Be Sacked For Making An Accident At Work Claim?
In most cases, your employer is not legally allowed to dismiss you for seeking compensation after a workplace injury. If they do dismiss you, it’s possible to launch a further claim against them for unfair dismissal.
However, you might face disciplinary proceedings if the accident was the result of your own deliberate conduct or negligence. This could lead to dismissal if you were to be grossly negligent.
You may still have grounds to start a personal injury compensation claim if you were partly to blame. This is known as ‘contributory negligence’. If you are deemed to have been partially responsible, you could still receive a reduced percentage of the total compensation amount owed.
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Do My Injury At Work Rights Involve Receiving Sick Pay?
Not everyone receives sick pay from their employer. It all comes down to the nature of your employment contract.
The amount you receive will be stated in your contract, so it’s important to check it. However, it is not a legal obligation for employers.
If you do not get sick pay, you have a legal right to Statutory Sick Pay (SSP) from your employer. This is a fixed rate and can only be relied upon after a set number of days of absence.
Can I Claim Compensation After A Workplace Accident?
If you’ve been injured at work, you also have a legal right to claim compensation.
In order to start a compensation claim for personal injury, it’s necessary to show that a breach in your employer’s duty of care caused the injury.
Your employer’s duty of care is outlined in legislation called the Health and Safety at Work etc Act 1974 (HASAWA). This Act requires employers to take reasonable and practicable steps to prevent employees from experiencing harm as they perform their jobs. This can be achieved through a number of actions, such as:
- Carrying out regular assessments of risk on the workplace premises.
- Ensuring that all staff are correctly trained and supervised as required.
- Properly maintain all machinery and equipment so that they are safe for use.
- Also providing essential personal protective equipment (PPE) as required in places like a warehouse or a factory.
By meeting these health and safety obligations, an employer can limit the risk of harm and better control any unavoidable hazards. However, all accidents in the workplace are not automatically the fault of the employer. So three eligibility criteria must be met to move forward with a personal injury claim:
- A duty of care applied to you at the moment of injury.
- You can show your employer failed to meet this obligation in some way.
- This caused an accident in which you suffered physical and/or psychological injury.
What Is The Time Limit When Claiming For A Workplace Accident?
The Limitation Act 1980 states that there is usually a three-year time limit for making a compensation claim for personal injury. There can be variations to this, for example:
- Claimants under the age of 18 can benefit from a paused limitation period. The three-year period can start from the date of their 18th birthday instead.
- People who lack the mental capacity to start a claim for themselves have a completely frozen time limit. It may re-commence from the date that mental capacity returns.
- In both cases described above, the claimant can have a litigation friend appointed to start a claim on their behalf. This is a trusted party who undertakes all aspects of the claim for them.
How Much Will It Cost To Claim For An Accident At Work?
The concern of legal costs can often prevent people from making an accident at work claim with a solicitor. To provide a possible solution to this, our solicitors are able to offer excellent representation on a No Win No Fee basis. Their services include:
- Help with collecting evidence to build your case and gather witness statements.
- Accurately calculating the value of your claim.
- Sending and receiving important documents on time.
- Professionally presenting your case at all times.
This also means that no upfront fees need to be paid to instruct a solicitor. In addition to this, no fees apply for their ongoing services. Claims with an unsuccessful outcome require no fees at all for completed services.
In the event of a successful claim outcome, a success fee is payable. The fee is a percentage of the compensation award you receive. The percentage is also capped by law to ensure that you always benefit the most from the outcome.
If you’d like to learn more about your injury at work rights, and how our accident at work solicitors could help you, simply:
- Call us free 24/7 on 0151 375 9916
- Contact us online.
- Request a callback.
Read More About Your Injury At Work Rights
Below, you can learn more about your rights after an injury at work:
- Head here to learn how to claim for a slip, trip or fall in the workplace or other workplace injuries.
- More information on how long after an accident you can claim can be found here
- Also, further guidance on what to do after an accident at work can be found here
- Read advice from the Citizens Advice Bureau after a workplace accident.
- Information on expenses and benefits compensation after workplace accidents from GOV.UK.
- Lastly, the Health and Safety Executive (HSE) looks at preventing slips and trips in the workplace.
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