What does a workplace accident solicitor do?
A workplace accident solicitor handles the legal process of making a compensation claim on your behalf. Their work covers:
Investigation and evidence gathering. Your solicitor sends a pre-action letter of claim to your employer and requests disclosure of relevant documents: accident book records, risk assessments, maintenance records, RIDDOR reports, and CCTV footage. They will ask you to preserve any evidence you have already gathered.
Medical evidence. Your solicitor arranges an independent medical examination. The examining expert produces a report setting out the nature and extent of your injuries, your treatment, and your prognosis. In disputed cases or serious injuries, additional experts (orthopaedic surgeons, neurologists, care experts, employment consultants) may be instructed.
Valuation. Your solicitor prepares a schedule of loss setting out general damages (compensation for the injury itself, assessed against the Judicial College Guidelines) and special damages (lost earnings, care, treatment costs, and future losses).
Negotiation and settlement. Your solicitor corresponds with the insurer, makes and responds to offers, advises you on whether any offer represents a fair settlement, and concludes the claim. The vast majority of workplace injury claims settle by negotiation without reaching trial.
Litigation. If the insurer disputes liability or the offer is inadequate, your solicitor issues proceedings and manages the claim through the court process to trial.
For a full description of how a claim progresses from first contact to settlement, see our claims process guide.
Do you need a workplace accident solicitor?
You are not legally required to use a workplace accident solicitor. You can bring a personal injury claim as a litigant in person. In practice, the reasons for using a solicitor are strong:
The insurer has professional representation. The employer's liability insurer has experienced claims handlers and in-house or panel solicitors managing your claim from the other side. Negotiating with a professional insurer without legal representation puts you at a significant disadvantage.
Medical evidence is technical. Valuing a workplace injury claim correctly requires understanding how courts assess general damages using the Judicial College Guidelines, how to instruct and question a medical expert, and how to account for future losses using actuarial multipliers (the Ogden Tables). These are not straightforward for a non-lawyer.
Mistakes can be costly. Accepting an early settlement offer that undervalues your claim cannot usually be reversed. Letting the three-year limitation period expire ends your right to claim entirely. Missing procedural steps in court proceedings can result in your claim being struck out.
Cost is not a barrier. Because most workplace accident claims are funded by a Conditional Fee Agreement, you do not pay your solicitor anything upfront and nothing if the claim fails. The cost of using a solicitor is not an upfront barrier. For an explanation of how no win no fee works, see our no win no fee guide.
Why does SRA regulation matter?
A solicitor regulated by the Solicitors Regulation Authority is subject to the SRA's Code of Conduct, which requires them to act in your best interests, maintain client confidentiality, manage your money correctly through separate client accounts, and carry professional indemnity insurance that protects you if they make an error.
SRA regulation also means the solicitor is personally accountable to the regulator and can face disciplinary action including being struck off if they breach professional standards.
Claims management companies (CMCs) that offer to handle accident claims are regulated separately by the Financial Conduct Authority, not the SRA, and operate under different (and in many respects weaker) regulatory requirements. CMCs often refer claims on to panel solicitors, which can mean your case is handled by a firm you did not choose and with no direct relationship with the person managing your claim.
You can check whether any individual solicitor or firm is registered with the SRA by searching the SRA register at sra.org.uk. The Law Society's Find a Solicitor service at solicitors.lawsociety.org.uk also allows you to search by location and specialism. APIL (the Association of Personal Injury Lawyers) maintains its own accreditation scheme for personal injury solicitors at apil.org.uk.
How do workplace accident solicitor fees work?
The vast majority of workplace accident solicitors offer to take your claim on a Conditional Fee Agreement (CFA), commonly called no win no fee. Under a CFA:
- You pay no solicitor's fees upfront
- If your claim fails (and you have kept to the agreement), you pay no solicitor's fees
- If your claim succeeds, the solicitor charges a success fee
The success fee is expressed as a percentage of the solicitor's base costs and is capped by the Conditional Fee Agreements Order 2013 at 25% of the damages recovered, excluding any future care payments and future loss of earnings. This cap was introduced to protect claimants from disproportionate deductions.
Other costs to understand before signing a CFA:
Disbursements. These are out-of-pocket expenses incurred during the claim: medical report fees, court fees, expert witness fees, and travel. Ask how disbursements are funded (some firms front these and recover them from the other side on success; others deduct them from your damages).
After the Event insurance (ATE). A reputable workplace accident solicitor will take out ATE insurance to protect you against having to pay the defendant's legal costs if the claim fails. The ATE premium is usually paid from your compensation if you win and is nothing if you lose. Confirm that ATE is in place before the claim begins.
Fixed recoverable costs. In lower-value claims handled through the Ministry of Justice portal (claims up to £25,000 that settle without proceedings), solicitor fees recovered from the insurer are fixed by a costs regime. The solicitor's income from the claim is limited, but so is any deduction from your damages.
For a full breakdown of what no win no fee means in practice, see our no win no fee guide.
What questions should you ask a workplace accident solicitor?
Before signing a CFA with any workplace accident solicitor, ask these questions:
- Are you regulated by the SRA? Ask for the firm's SRA number and verify it on the SRA register.
- What is your success fee percentage? The cap is 25% of damages (excluding future care and future earnings), but the actual percentage can be lower. Ask what it will be in your case.
- How are disbursements handled? Will they be funded upfront by the firm, or deducted from my damages on settlement?
- Will you take out ATE insurance? If so, who provides it and what does it cover?
- Who will be handling my case day-to-day? Is it a qualified solicitor or a paralegal? What access will I have to the person in charge?
- What is your honest assessment of my case? A good workplace accident solicitor will tell you if they think the claim is unlikely to succeed rather than taking it on speculatively.
You are entitled to a free initial consultation with most workplace accident solicitors. Use it to assess whether the solicitor communicates clearly and whether you feel confident that they are acting in your interests.
How long will a workplace accident claim take?
The time a workplace accident claim takes depends on the complexity of the injury and whether liability is disputed.
Minor soft tissue injuries that resolve fully and where the employer's breach is clear often settle within 9 to 12 months. More serious claims involving permanent disability, disputed liability, or complex loss of earnings calculations typically take 18 to 36 months. A claim that reaches trial takes longer still.
Your workplace accident solicitor will advise against settling before the medical evidence is sufficiently developed to value the claim properly. Settling too early, before the full extent of ongoing symptoms or the long-term employment impact is clear, can result in a significantly lower settlement than the claim is worth.
For an overview of the timescales involved at each stage of the legal process, see our claims process guide. For the three-year time limit and the exceptions that apply, see our time limits guide.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor. You can find one through the Find a Solicitor service (Law Society) or through APIL.
Frequently asked questions
Do I need a solicitor for an accident at work claim?
You are not legally required to use one, but most injured workers benefit significantly from professional representation. The employer's insurer has experienced legal professionals on their side. A regulated solicitor levels that playing field, ensures your claim is properly valued, and protects you from accepting an early settlement that undervalues your injuries.
How much does a workplace accident solicitor cost?
In most cases, nothing upfront. Workplace injury claims are typically handled on a no-win-no-fee Conditional Fee Agreement. If your claim succeeds, a success fee of up to 25% of your damages is deducted. If your claim fails and you have kept to the agreement, you pay nothing. Confirm the exact percentage before you sign.
How do I find a regulated workplace accident solicitor?
Search the SRA register at sra.org.uk to verify any solicitor's registration. The Law Society's Find a Solicitor service at solicitors.lawsociety.org.uk lets you search by location and specialism. APIL (the Association of Personal Injury Lawyers) also maintains a directory of accredited personal injury specialists.
How long do accident at work solicitors take to settle claims?
Minor claims with clear liability and a full recovery often settle in 9 to 12 months. More complex claims typically take 18 to 36 months. A good workplace accident solicitor will advise you not to settle before the medical prognosis is sufficiently clear, even if the process takes longer.
Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor.