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What happens when you claim for an accident at work

Under civil law, if someone has been injured or made ill through negligence as an employer, they may be able to make a compensation claim.

Work accidents can occur as a result of negligent behaviour by employers. It’s always worth exploring a work injury claim if you can prove that your accident was caused by your employer breaching their duty of care.

Having records of your accident will be useful if you make a claim for compensation or you need to claim benefits, including Statutory Sick Pay (SSP).

You can have your accident recorded by reporting it at work and seeing a doctor.

It’s also a good idea to:

  • Take photos of your injury and whatever caused your accident
  • Make sure you have contact details for anyone who witnessed your accident
  • Ask any witnesses to make notes and share them with you

An employer has a legal duty to ensure safety at work. They must:

  • Ensure proper training
  • Provide suitable work and protective equipment
  • Undertake risk assessments
  • Minimise risks to staff health and safety by managing business activities
  • Provide safe working systems.

If a claim is successful, a court may make a judgment against the business, and award damages. This is not the same as a conviction under criminal law.

However, it’s quite uncommon for a personal injury claim to go to court with a majority of our cases being settled without a hearing.

Employers’ insurance

Employers’ liability insurance is a legal requirement for the majority of businesses.    The police will cover the cost compensation for your employees’ injuries or illness.

The standard time limit for starting a workplace accident claim is within three years from the date you were injured or your date of knowledge.   However children and claimants lacking capacity are an exception to this.   Your legal professional will be able to advise.

Need advice on personal injury claims? Contact us today.


Lorraine Walker

Solicitor – litigation and dispute resolution

Prior to qualifying as a solicitor, I worked within the education sector as a senior leader in a secondary school.