Can I claim for a work accident in the UK if I am an overseas or migrant worker?

UK health and safety law applies to everyone at work in the UK

The right to be safe at work in the UK does not depend on where you come from. UK health and safety law applies to everyone working in Great Britain, regardless of nationality, visa type, length of stay or how they came to be in the country. If you are injured at work in the UK, you have the same right to claim compensation as any British worker on the same site.

That includes seasonal workers in agriculture and horticulture, care workers on skilled-worker visas, hospitality and warehouse staff, delivery riders, construction workers on short-term contracts, students working part-time, and workers whose immigration status is unclear or disputed. It applies whether you are employed directly, working through an agency, or engaged on a self-employed basis. See our guides for agency workers and for wider injury at work rights for the framework that sits behind this.

Immigration status does not remove the employer's duties

Employers sometimes suggest to overseas workers — implicitly or explicitly — that their status will get in the way of a claim. In practice, immigration status does not remove any of the duties an employer owes for the safety of the people doing the work. It does not change the requirement to carry out risk assessments, to provide training, to supply and maintain safe equipment, or to hold employers' liability insurance. It does not remove the duties an occupier owes to visiting workers on their premises. And it does not reduce a personal-injury claimant's right to bring a civil claim in the courts.

Personal-injury law is a civil right. Courts hear the claim on its merits — how the injury happened, whether there was negligence or breach of duty, and what losses followed. They do not use claim proceedings to police immigration.

Employers' liability insurance is compulsory. That cover responds to a claim by any worker injured through the employer's fault. Insurers do not have a separate rule for migrant workers, and they cannot lawfully refuse cover on that basis.

Language, interpreters and communication

A claim can be run in a language other than English throughout. Solicitors regularly work with clients through professional interpreters — for meetings, telephone calls and signed documents. Court proceedings can be conducted with interpretation for the client, and important documents can be translated where needed. If you are more comfortable in a language other than English, say so at the very first contact; a solicitor should arrange interpretation without you having to organise it yourself.

Written communication should also be handled in a way that works for you. Ask for key documents to be explained in person or by phone, not just sent as long letters. Keep every letter you receive, even if you cannot read it immediately — throwing away paperwork because it is in English is a common and avoidable problem.

Returning home before or during the claim

You do not lose your claim by leaving the UK. Many claims are run successfully after the injured worker has returned home. Statements can be taken remotely, medical examinations can be arranged in this country before departure, and correspondence can be handled by email. Where court proceedings are needed, the courts have procedures for hearings that accommodate claimants who live abroad, and for service of documents out of the jurisdiction.

The one thing that does not change is the deadline. The ordinary time limit for a personal-injury claim in the UK is three years from the date of the accident (with some limited exceptions). That clock keeps running whether you are in the UK or not, so it is important to take advice as early as possible, and certainly not to leave things until close to the three-year point.

Practical things to do after an accident

The steps are the same for every worker in the UK, but they can be harder to follow when you are new to the country or unsure who to trust:

• Report the accident to your employer that day and make sure it goes in the accident book. Ask for a copy.
• Get medical treatment. Do not delay because you are worried about cost — NHS emergency treatment is available regardless of status, and A&E and GP records are the single most important piece of evidence in a personal-injury claim.
• Note the names of anyone who saw what happened, and their contact details.
• Take photographs of the scene and any equipment or hazard involved.
• Keep every payslip, contract and rota, so lost earnings can be worked out later.

For the wider process from first contact through to settlement, see our page on how claims work.

Do not let anyone use your status to silence you

If an employer, gangmaster or supervisor tells you a claim will affect your visa, get you deported, or "cause trouble" with the Home Office, that is not accurate as a matter of law. A civil personal-injury claim does not itself change your immigration status. Threats or pressure of that kind are exactly the situations in which independent advice is most important — from a regulated solicitor, a trade union, or a Citizens Advice service.