We devote a significant portion of our physical and mental energy to our work. Therefore, it is reasonable to expect that our safety and well-being are prioritised in the workplace. If you suffer an injury at work, you may find yourself facing a difficult recovery and substantial financial hardship. On top of this, you might be wondering, ‘I had an accident at work. What are my rights in the UK?’
In the UK, you have various entitlements as an employee, including the right to medical treatment, to record the accident, and to fair treatment. You also have the right to make an accident at work claim if you have been injured due to your employer’s negligent actions. Our panel of expert solicitors have extensive experience handling this type of claim, and one of them is ready to provide you with the support you deserve.
Get in touch now for more information on your rights as an employee and discover whether you can make a compensation claim today.
Jump To A Section
- I Had An Accident At Work, What Are My Rights In The UK?
- Do I Have The Right To Take Time Off Work After A Workplace Accident?
- Do I Have The Right To Sick Pay After A Workplace Accident?
- Do I Have The Right To Report My Employer If They Have Been Negligent?
- Can My Employer Sack Me For Making An Accident At Work Claim?
- Can I Claim Accident At Work Compensation On A No Win No Fee Basis?
- Learn More
I Had An Accident At Work, What Are My Rights In The UK?
If you had an accident at work, your rights in the UK include medical treatment, reporting the injury, and claiming compensation. We will provide more examples of your rights after an accident at work in subsequent sections:
Right To Medical Attention
Depending on the nature of your injuries, your right to medical attention may encompass first aid or treatment at A&E.
- All workers are entitled to immediate medical treatment after an injury.
- This may require immediate first aid and transport to a hospital’s A&E.
Right To Report And Record The Accident
Injured employees have the right to report and record the accident at work through internal company processes and evidence gathering.
- You have the right to report the accident to your employer.
- You can also request a copy of the incident details logged in the accident book, if one is available.
- Additionally, you have the right to document the incident by taking photographs of the accident scene and collecting the contact details of potential eyewitnesses.
Right To A Safe Work Environment
Employees have a right to a safe work environment, as established by various laws and regulations.
- The main legislation is the Health and Safety at Work etc. Act 1974. This establishes a duty of care for employers, essentially a legal responsibility to take reasonable measures to protect the safety, well-being, and health of workers.
- Employers can meet this duty of care by providing appropriate safety training, supplying personal protective equipment (PPE), and conducting regular risk assessments.
Right To Claim Compensation
An employee has the right to claim compensation for an accident at work if they have been injured as a result of an employer’s negligent actions. This involves establishing that:
- Their employer had a duty of care towards them.
- They breached this duty.
- The employee suffered an injury as a direct result of this breach.
Right To Fair Treatment And Assistance
Employees also have the right to fair treatment and assistance following an accident, including any reasonable adjustments they need to return to work.
- Your employer cannot discipline you or otherwise treat you differently for an accident at work that wasn’t your fault, and dismissing you for this may constitute unfair dismissal.
- The right to reasonable accommodation is established under the Equality Act 2010.
Whether you are a full or part-time staff member, please get in touch if you need further guidance concerning the question of ‘I had an accident at work, what are my rights in the UK?’
Do I Have The Right To Take Time Off Work After A Workplace Accident?
You may have the right to take time off work after a workplace accident, but you are not required by law to do so. Rather, it is up to the employee to decide whether to take time off work, such as when their injuries are serious or prevent them from performing their job.
It’s important to stress that even if you don’t take time off, you may still be able to make a work injury claim if you are hurt as a direct result of your employer’s negligent actions. Speak with our advisors to learn more about the question, ‘I had an accident at work, what are my rights in the UK?’
Do I Have The Right To Sick Pay After A Workplace Accident?
You may have the right to sick pay after a workplace accident, depending on whether you meet the eligibility criteria for Statutory Sick Pay (SSP) and your employment contract terms. These terms will specify whether your employer offers contractual sick pay, in addition to SSP.
In regard to Statutory Sick Pay, you must be off work for over 3 consecutive days for your employer to start paying SSP, which can last for up to 28 weeks. The amount for this is £116.75 per week, with the initial 3-day period unpaid. If you’re not eligible, or if your SSP entitlement is over, you may be able to apply for Employment and Support Allowance or Universal Credit. You may also be able to claim back lost earnings as part of a personal injury claim.
Get in touch with our advisory team now for further guidance on your sick pay rights after an injury at work.
Do I Have The Right To Report My Employer If They Have Been Negligent?
You have the right to report your employer to the appropriate authorities if they have been negligent, and the incident has been logged in a workplace accident book. Employers with 10 or more employees must maintain a book that records the accident, what happened, and any injuries sustained. This log can be useful evidence when pursuing an accident at work claim.
Additionally, employers also need to notify the HSE of certain reportable incidents and injuries. This requirement is established by the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), and applies to:
- Injuries which cause a reduction in sight in at least one eye or permanent blindness.
- Loss of consciousness due to asphyxia or a head injury
- Any injury that causes hypothermia or heat-related issues in an enclosed space.
Get in touch with our advisory team now for more information on reporting workplace accidents.
Can My Employer Sack Me For Making An Accident At Work Claim?
Generally, your employer cannot sack you for making an accident at work claim, and doing so could amount to unfair dismissal. They also cannot dismiss you for having an accident that wasn’t your fault. However, if you were responsible for the incident, you could face disciplinary action or be fired.
Nevertheless, if you are partly responsible for your accident or injury, you can still claim compensation on the basis of split liability or contributory negligence. This would see your compensation adjusted in proportion to your level of fault.
Find out more about whether you can be sacked after an accident at work by speaking to one of our advisors.
Can I Claim Accident At Work Compensation On A No Win No Fee Basis?
Yes, you can claim accident at work compensation on a No Win No Fee basis by connecting with one of the expert solicitors from our panel. Here at Public Interest Lawyers, our panel of accident at work solicitors provide their services through a Conditional Fee Agreement (CFA), which means:
- There will be no ongoing service fees charged for your solicitor’s work.
- You won’t pay any upfront service fees for your solicitor to get started on the claim.
- If your claim fails, there will be no solicitor service fees charged.
You will pay a success fee, which is a small percentage of your compensation, if your claim wins. There is a legal limit on the percentage that can be applied, ensuring that you retain most of your compensation.
Some of the other benefits of working with our panel’s No Win No Fee personal injury solicitors include:
- Calculating the compensation you could claim for your workplace injuries.
- Assisting with collecting evidence in support of your accident at work compensation claim.
- Ensuring that all paperwork is correctly organised and filed.
- Aiding your recovery by putting you in touch with rehabilitation specialists.
- Providing regular updates to keep you fully informed at every stage of your claim.
Contact Our Team Of Advisors
For more information on how our panel of No Win No Fee solicitors can help, please contact our team of advisors today:
- Call on 0800 073 8803.
- Contact us online.
- Through live chat.
Learn More
You can read some of our other guides related to workplace accident claims:
- Our list of common accidents at work examples.
- Information on claiming for a serious injury at work.
- Details on claiming as a zero-hour contract staff.
You can also read these articles from the internet:
- Government status on employment status.
- Government information on trade unions.
- Guidance from the HSE on mental health at work.
Thank you for reading our guide concerning the question, ‘I had an accident at work, what are my rights in the UK?’