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Zero-Hours Worker Injured at Work — Can You Claim?

Zero-hours contracts give employers flexibility, but they do not reduce the duty to keep you safe. If you were hurt at work, your right to compensation is the same as a permanent employee's.

Do zero-hours workers have the right to claim?

Yes. Your employer's duty of care, and its duties under the Health and Safety at Work etc. Act 1974 and the regulations made under it, apply to everyone doing work for it. There is no qualifying period: you can claim even if you were injured on your first shift.

Does it matter whether I am a worker or an employee?

Not for a personal injury claim. Employment status matters for some employment rights, such as unfair dismissal, but the duty to take reasonable care for your safety applies to anyone working under the employer's direction and control. Agency workers and the self-employed can also claim against those who controlled their work. See agency workers and self-employed accidents at work.

How are lost earnings calculated?

Because your hours vary, lost earnings are based on what you would realistically have earned. Your solicitor will look at your earnings over a representative period before the accident, often the previous three to twelve months, along with any evidence that your hours were rising or that more work was available. Payslips, bank statements, rotas, shift app records and messages offering shifts are all useful.

Can I get sick pay?

Zero-hours workers can qualify for Statutory Sick Pay in the same way as other employees, based on your average earnings. Any shortfall between what you received and what you would have earned can be recovered in your compensation claim. See do I get full pay if injured at work? and unpaid wages after a work injury.

Will claiming affect whether I get shifts?

It should not. Workers are protected from being penalised for raising health and safety concerns, and cutting someone's shifts because they made a claim may be unlawful. In practice, the claim is paid by your employer's insurer. Keep records of the shifts offered before and after your claim. See can I be sacked for claiming?.

What is the time limit?

Normally three years from the accident. Employment-related complaints, such as detriment or unpaid wages, have much shorter time limits, usually six months for tribunal claims since 1 October 2026, so get advice early.

Sources

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.

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