Injury at work rights: what you are entitled to under UK law

What are your injury at work rights?

Your core injury at work rights are set out in employment law and health and safety legislation. They apply from your first day of work, and most of them cannot be waived or contracted away by your employer.

The rights covered in this guide are:

1. The right to claim compensation if your employer was negligent
2. Protection from dismissal for making a claim or raising safety concerns
3. The right to Statutory Sick Pay while you are off work
4. The right to return to your job after recovering
5. The right to see the accident book entry
6. The right to request CCTV footage and other evidence
7. The right to be accompanied when raising concerns formally

These rights exist alongside and separately from any civil compensation claim. You do not need to have made or intend to make a compensation claim in order to rely on most of them.

For a full breakdown of the legal duties your employer owes you, see our guide to employer duties.

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The right to claim compensation

You have the right to pursue a civil compensation claim if your injury was caused by your employer's failure to meet their duty of care. Section 2 of the Health and Safety at Work etc. Act 1974 requires every employer to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees at work. Breach of that duty, where it causes an injury, is the basis of a negligence claim.

Compensation consists of two parts. General damages cover the injury itself, assessed against Judicial College Guidelines ranges. Special damages cover every measurable financial loss: lost earnings, medical costs, travel, care provided by family members, and future losses. There is no cap on special damages.

Most workplace injury claims are funded by a Conditional Fee Agreement (CFA): no upfront payment, and no fee if the claim fails. If the claim succeeds, the success fee is capped at 25% of general damages and past financial losses. Future earnings and future care costs are never subject to the success fee.

For a full explanation of how CFAs work, what ATE insurance covers, and what to look for when choosing a solicitor, see our no-win-no-fee guide.

The time limit for bringing a claim is three years from the date of the accident under section 11 of the Limitation Act 1980, or from the date you knew your injury was work-related. Our time limits guide covers all exceptions, including industrial disease and claims for children.

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Can your employer sack you for making a claim?

Dismissing you because you were injured at work, made a compensation claim, or raised a health and safety concern is automatically unfair dismissal under section 100 of the Employment Rights Act 1996. There is no minimum length of service required to bring this claim. It applies from day one.

Section 100 specifically protects employees who:

• Left or refused to return to a workplace they reasonably believed posed a serious and imminent danger
• Took reasonable steps to protect themselves or others from danger in the workplace
• Raised concerns about health and safety with their employer where no other reasonable steps were available
• Were designated to carry out health and safety activities and did so

Dismissal for any of these reasons is treated as unfair regardless of how long you have worked for the employer, regardless of your hours, and regardless of whether the employer considered the concern valid.

Your employer also cannot lawfully reduce your pay, change your terms, or subject you to any other detriment for exercising these rights. Doing so amounts to an unlawful detriment under section 44 of the Employment Rights Act 1996.

For a full guide to employment protection when making a claim, including what to do if your employer retaliates, see our being sacked guide.

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What sick pay are you entitled to after a workplace injury?

If you are too unwell to work following a workplace injury, you are entitled to Statutory Sick Pay (SSP) of £123.25 per week, paid by your employer, for up to 28 weeks. SSP applies from the fourth day of consecutive absence. The first three days (the waiting days) are not paid under SSP, though your employment contract may provide for payment from day one.

To qualify for SSP you must be classed as an employee, have done some work for the employer, and be off work for at least one full working day. Agency workers may also qualify depending on their engagement terms.

Your employer may offer enhanced occupational sick pay above the SSP minimum. Check your employment contract or staff handbook for the rate and duration.

When SSP ends after 28 weeks, your employer must provide form SSP1, which you will need to support a claim for Universal Credit or Employment and Support Allowance if you remain unable to work. SSP is separate from any compensation you receive through a civil claim: your employer cannot offset SSP payments against compensation.

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What evidence can you request from your employer?

The accident book

Your employer must maintain an accident book under the Social Security (Claims and Payments) Regulations 1979 if they employ ten or more people. You have the right to see the entry relating to your accident and to receive a copy. If the entry is inaccurate, you can request a correction in writing.

If you reported the accident verbally but it was not recorded, write to your employer immediately confirming the date, time, location, and nature of the accident. Keep a copy. This written record can substitute for an accident book entry as evidence.

CCTV footage

Under the UK General Data Protection Regulation (UK GDPR) you have the right to request footage in which you appear by making a Subject Access Request to your employer. Employers must respond within one month. They can redact third parties but cannot simply refuse a request on the grounds that litigation may follow.

Make the request as early as possible. Many workplace CCTV systems overwrite footage automatically after 14 to 31 days. A written request sent within days of the accident creates a paper trail if the employer later claims footage no longer exists.

Witness details and the risk assessment

Your employer is required to carry out and record risk assessments for workplace hazards under the Management of Health and Safety at Work Regulations 1999. You can request a copy of the risk assessment relevant to the activity that caused your injury. The existence (or absence) of a risk assessment is often central evidence in a negligence claim.

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How to protect your injury at work rights

Act quickly after any workplace accident. The steps below protect your legal position regardless of whether you later decide to make a claim.

Report the accident in writing. Even if your employer records it verbally, follow up with a dated written record to your line manager or HR department. State that you are reserving your legal rights.

Seek medical attention the same day if possible. GP and hospital records are dated evidence. A delay in seeking treatment can be used to argue the injury was not serious.

Preserve evidence. Request CCTV footage in writing immediately. Note the names and contact details of any witnesses before they change jobs or forget the details.

Do not sign anything without advice. Some employers ask injured workers to sign a statement shortly after an accident. You are not required to sign any document that could waive your rights. Consult a regulated solicitor before signing.

Contact a solicitor early. A personal injury solicitor can advise on the strength of a potential claim, handle all communications with your employer's insurer, and ensure the three-year limitation clock does not expire before proceedings are issued.

You can find a regulated solicitor through the Find a Solicitor service (Law Society) or through APIL.