How to make a workplace injury claim in the UK
Last updated · 22 May 2026
Do you have a valid workplace injury claim?
You have a potential workplace injury claim if your employer breached their legal duty of care and you suffered an injury as a direct result of that breach.
Section 2 of the Health and Safety at Work etc. Act 1974 places a non-delegable duty on every UK employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. That duty covers safe plant and equipment, safe systems of work, adequate training and supervision, and a safe workplace environment. The duty cannot be delegated to another person or contracted away.
A breach can take many forms: unguarded machinery, a wet floor without a hazard sign, a risk assessment that was never carried out, or an employee sent to work at height without proper training. You do not need to prove your employer acted deliberately. Negligence, which means failing to take reasonable precautions, is enough.
Who can claim?
Employees are covered. Agency workers placed at a host employer's premises are usually covered too: the host owes them the same duty of care owed to direct employees. The position for self-employed contractors is more nuanced. If you worked under the direction and control of the business rather than independently, you may qualify regardless of how your contract describes you. A regulated solicitor can assess whether your working arrangement crosses the threshold.
You can find a regulated solicitor through the Find a Solicitor service (Law Society) or through the Association of Personal Injury Lawyers (APIL). Citizens Advice also notes that trade union members can access free legal representation through their union for workplace injury cases.
For a full breakdown of what employers are legally required to do before an accident happens, see our guide to employer responsibilities.
How to make a workplace injury claim: the five steps
Step 1: Get medical treatment and keep every record
See a doctor as soon as possible after the accident, even if the injury feels minor at first. Your GP records, hospital notes, and any imaging results become key evidence. Keep copies of everything: discharge letters, prescriptions, physiotherapy referrals, and any specialist correspondence.
Write down what happened while your memory is fresh. Note the date, time, location, exactly what you were doing, what went wrong, and the names and contact details of anyone who witnessed the accident.
Step 2: Report the accident and preserve evidence
Report the accident to your employer and ask for it to be recorded in the accident book. Under RIDDOR 2013 (the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations), your employer is required to report certain injuries to the Health and Safety Executive. You can check whether your injury falls within RIDDOR reporting thresholds on the HSE website.
Request CCTV footage in writing immediately. Many workplace systems overwrite automatically within 14 to 31 days. Collect witness contact details, photograph the scene and any visible injuries while they are fresh, and photograph any defective equipment before it is repaired or replaced.
Step 3: Find a regulated solicitor and agree a Conditional Fee Agreement
Contact a personal injury solicitor who specialises in workplace claims. Most workplace injury claims in the UK are funded by a Conditional Fee Agreement (CFA): you pay nothing upfront and nothing if the claim fails. If the claim succeeds, your solicitor's success fee is capped by law at 25% of your general damages and past financial losses. Your future loss of earnings and any future care costs are never subject to the success fee.
For a plain-English explanation of how no-win-no-fee works, what After the Event insurance covers, and what to check before signing a CFA, see our no-win-no-fee guide.
Step 4: The letter of claim and the insurer's response
Your solicitor sends a formal letter of claim to your employer or their employers' liability insurer. The letter sets out the circumstances of the accident, the alleged breach of duty, and the injuries you sustained. Insurers have 21 days to acknowledge the letter and a further three months to admit or deny liability.
For a full explanation of each stage of the legal process, including what happens at the medical evidence and negotiation stages, see our guide to how claims work.
Step 5: Medical evidence, loss schedule, and settlement
An independent medical expert examines you and produces a court-focused report assessing your injuries, treatment, and long-term prognosis. At the same time, your solicitor builds a schedule of loss: a detailed calculation of every measurable financial cost caused by the injury, past and future.
Around 95% of UK personal injury claims settle by negotiation without a contested trial. Your solicitor will explain any offer in full before you decide whether to accept.
How long do you have to make a workplace injury claim?
The standard time limit for a workplace injury claim is three years from the date of the accident, under section 11 of the Limitation Act 1980. If proceedings are not issued within that period, the claim will ordinarily be struck out and you will lose your right to compensation.
Two important exceptions apply. First, the date-of-knowledge rule: if you did not know immediately that your injury was caused by your work, which is common with industrial diseases such as noise-induced hearing loss or hand-arm vibration syndrome, the three-year clock starts from the date you first knew, or should reasonably have known, that your injury was connected to your employment. Second, for children, the limitation period does not begin until their 18th birthday, giving them until they turn 21 to bring a claim.
Act early regardless of where you are within the three-year window. Evidence degrades quickly: CCTV overwrites, witnesses move jobs, and recollections fade. Our time limits guide covers all exceptions in detail, including fatal accident claims and industrial disease.
How much compensation can you claim for a workplace injury?
Workplace injury claim compensation is made up of two distinct parts.
General damages compensate you for the injury itself: pain, suffering, and loss of amenity. Solicitors and courts use the Judicial College Guidelines (17th edition, April 2024) as the reference point. The ranges below are illustrative starting points based on injury severity:
| Injury type | Indicative range |
|---|---|
| Construction site accident | £3,000 to £250,000+ |
| Factory machinery injury | £3,000 to £150,000 |
| Warehouse accident | £2,500 to £80,000 |
| Manual handling injury | £2,500 to £55,000 |
| Slip, trip or fall | £1,500 to £45,000 |
| Office injury | £1,200 to £30,000 |
Special damages cover every measurable financial loss caused by the injury. This includes lost earnings to date and projected future earnings, private medical treatment, prescription costs, travel to appointments, care provided by family members, and any adaptations to your home or vehicle. There is no upper cap on special damages. A regulated solicitor will quantify your losses in a formal schedule of loss, and that schedule forms a central part of any settlement negotiation.
Every work accident compensation claim is different. The figures above reflect ranges across all levels of severity within each category. For a detailed breakdown of how both heads of compensation are assessed and calculated, see our compensation amounts guide.
What happens to your job if you make a claim?
Dismissing you for making a workplace injury claim, or for raising a health and safety concern, is automatically unfair under section 100 of the Employment Rights Act 1996. There is no minimum length of service required to bring this type of unfair dismissal claim: the protection applies from day one.
Your employer also cannot instruct you not to make a claim, pressure you to use a specific solicitor, or attempt to reach a direct settlement with you without your solicitor's involvement. Any such pressure is a further red flag worth noting.
While your claim is running, you may be entitled to Statutory Sick Pay of £123.25 per week for up to 28 weeks if you are too unwell to work. Your employment contract may also provide enhanced occupational sick pay above the statutory minimum.
For a full guide to your employment protections when making a claim, see our page on dismissal protection.
How to find a no-win-no-fee workplace injury solicitor
Use a solicitor regulated by the Solicitors Regulation Authority. You can verify any firm's registration on the SRA register in seconds. Membership of APIL (the Association of Personal Injury Lawyers) is a further indicator of specialist personal injury expertise.
Before signing a CFA, ask the solicitor these questions:
- What is your success fee percentage, and on which heads of loss does it apply?
- Will I need After the Event (ATE) insurance, and what will it cost if I win?
- Are there any charges if I end the retainer early?
- How many workplace injury claims have you handled in the past 12 months?
The success fee is capped at 25% of your general damages and past financial losses. No firm can charge a success fee against your future loss of earnings or future care costs. Any solicitor who cannot clearly explain these limits before you sign should be treated with caution.
Our no-win-no-fee guide explains Conditional Fee Agreements, ATE insurance, and Qualified One-Way Costs Shifting (QOCS) in full.
How long does a workplace injury claim take?
A straightforward workplace injury claim processed through the Employers' Liability portal typically takes 4 to 9 months. Standard claims outside the portal take 9 to 18 months. Complex cases involving serious injuries, disputed liability, or cases requiring multiple medical reports can take 18 months or more.
Several factors affect the timeline: how quickly liability is admitted or denied, how long your medical treatment takes before a final prognosis can be given, and whether the insurer makes a realistic early offer. Starting the claim promptly, attending medical appointments without delay, and providing your solicitor with complete documentation from the outset all help to keep the process moving.
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.