| Key Takeaways |
|---|
| Employers have a legal duty of care under the Health and Safety at Work Act 1974. |
| You can claim if your employer’s negligence caused or contributed to your injury. |
| You have three years from the date of accident to bring a claim. |
| Compensation covers pain and suffering, lost earnings, and future care costs. |
| Most accident at work claims are handled on a no win no fee basis. |
Every year, thousands of workers across England and Wales suffer injuries at work that should never have happened. Whether you slipped on a wet floor, fell from inadequate scaffolding, or were injured by faulty machinery, your employer may be legally responsible. If so, you are entitled to make an accident at work claim for compensation.
Many workers hesitate to make a claim because they worry about their job or feel disloyal to their employer. You should not. The law is on your side. Your employer is required by law to hold employers’ liability insurance specifically to cover workplace injury claims. Making a claim does not come out of your employer’s pocket — it comes from their insurer.
Your Employer’s Legal Duty of Care
Under the Health and Safety at Work Act 1974, your employer has a legal duty to take all reasonable steps to protect your health, safety, and welfare at work. This includes providing safe equipment, adequate training, a safe working environment, and safe systems of work. When they fail in that duty and you are injured as a result, you have grounds for a claim.
What counts as employer negligence?
Employer negligence can take many forms. Common examples include failing to carry out a proper risk assessment, not providing adequate personal protective equipment, allowing defective machinery to remain in use, failing to train workers properly, and ignoring known hazards. If your injury was caused by any of these failures, Wolf Law can help you build a strong case.
You do not need to prove that your employer deliberately put you at risk. You only need to show that they failed to take reasonable steps that a responsible employer would have taken. Independent health and safety experts can review the circumstances of your accident and provide evidence to support your claim. Visit our accident at work page for more detail.
Time Limits and What You Can Claim
You have three years from the date of your accident to start a claim. Do not wait. Evidence fades, witnesses move on, and CCTV footage is overwritten. The sooner you act, the stronger your case will be. If you were not immediately aware of the connection between your work and your injury — in cases of industrial disease, for example — the three years may run from the date you gained that knowledge.
Types of compensation available
Compensation in accident at work claims covers two main areas. General damages compensate for your pain, suffering, and loss of enjoyment of life. Special damages cover your specific financial losses, including lost earnings while you were off work, medical expenses, travel costs, and any future losses if your ability to work has been permanently affected. In serious cases, compensation for future care and assistance may also be recovered.
The government’s guidance on employers’ liability insurance confirms that your employer must hold a minimum of £5 million in cover. In practice, most policies provide significantly more. Wolf Law’s personal injury team will work to secure the full compensation you are entitled to.
How Wolf Law Handles Your Claim
We start with a free consultation to assess your situation honestly. If we believe you have a viable claim, we will take it on under a no win no fee arrangement — meaning you pay nothing upfront and nothing if your claim is unsuccessful. We handle all communication with your employer’s insurer, gather the evidence needed to support your case, and keep you informed at every stage.
What to do after a workplace accident
If you have been injured at work, there are steps you should take immediately. Report the accident to your employer and make sure it is recorded in the accident book. Seek medical attention and keep records of your treatment. Take photographs of the scene and any hazard that caused your injury. Note the names of any witnesses. Then contact Wolf Law for a free consultation as soon as possible.
You can also find useful guidance on workplace rights from Citizens Advice. Their resources on reporting accidents and understanding your employment rights complement the legal advice Wolf Law provides.
Can I claim if the accident was partly my fault?
Yes. In England and Wales, compensation can be reduced to reflect contributory negligence, but you can still recover a proportion of your losses. Even if you were partly responsible, it is worth seeking advice — your employer’s failure may still be the primary cause of your injury.
Will making a claim affect my job?
It is unlawful for your employer to dismiss you or treat you unfairly because you made a legitimate personal injury claim. If they do, you may have additional claims for unfair dismissal or victimisation. Your claim is handled through your employer’s insurer, not directly out of their pocket.
What if I am self-employed?
Self-employed workers have more limited protections, but claims may still be possible depending on who was responsible for the site or working environment where the accident occurred. Contact Wolf Law to discuss your specific circumstances.
How long does an accident at work claim take?
Straightforward claims can settle within six to twelve months. More complex cases, particularly those involving serious injury or disputed liability, may take longer. Wolf Law will give you a realistic assessment of the likely timeline at your initial consultation.
What is no win no fee?
A no win no fee agreement (conditional fee arrangement) means you pay no legal fees if your claim is unsuccessful. If you win, your legal costs are typically recovered from the other side. Wolf Law offers no win no fee arrangements for qualifying accident at work claims.
This article is intended for informational purposes only and does not constitute legal advice. For specific advice relating to your circumstances, please contact Wolf Law directly to arrange a consultation with one of our qualified solicitors.
