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Workplace Accidents: Understanding Your Options

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An injury at work can affect your health, your income and your confidence. This guide explains your employer’s responsibilities and the options that may be open to you.

What your employer must do

Employers have a legal duty to take reasonable care of the health and safety of their employees. In practice, that includes:

  • Providing a safe place of work and safe equipment
  • Carrying out suitable risk assessments
  • Giving proper training and supervision
  • Providing suitable protective equipment where needed
  • Having safe systems of work in place

Most employers in Great Britain must also hold employers’ liability insurance, which covers claims by employees who are injured or become ill because of their work.

What to do after an accident at work

  1. Get first aid or medical treatment for your injuries.
  2. Report the accident to your employer and make sure it is recorded in the accident book or reporting system.
  3. Note the names of anyone who saw what happened.
  4. Take photographs of the area or equipment involved, if you can do so safely.
  5. Keep records of time off work, lost earnings and expenses.

Some serious workplace injuries, dangerous occurrences and certain illnesses must be reported by the employer to the Health and Safety Executive under the RIDDOR regulations.

Your options

Sick pay and benefits

If you cannot work, you may be entitled to sick pay under your contract or Statutory Sick Pay. Depending on your circumstances, you may also be able to claim state benefits, including Industrial Injuries Disablement Benefit in some cases.

A personal injury claim

If your injury was caused by your employer’s negligence or breach of health and safety duties, you may be able to claim compensation for your injury and financial losses. Most claims must be started within three years of the accident, or of the date you knew an illness was connected with your work.

Concerns about your job

Many people worry about raising a claim against their employer. Employees have legal protections, and it is generally unlawful to subject someone to a detriment for raising genuine health and safety concerns. If you are worried, mention it when you seek advice.

Read more about accidents at work, or contact us for a free initial consultation.

Important: this guide provides general information based on the law of England and Wales at the date shown above. It is not legal advice and should not be relied on for your particular circumstances. The law can change, and every situation depends on its own facts. Please contact us for guidance on your situation.

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