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

Do zero-hours workers have the right to claim for a work injury?

HSWA 1974 applies regardless of employment status; personal injury right not dependent on continuity of service or contract type

What if you are classed as a "worker" not an "employee"?

Personal injury law does not distinguish — the duty of care test applies to anyone performing work under the employer's direction and control

How are lost earnings calculated for a zero-hours worker?

Average earnings over 13 weeks before injury (or longer if more representative); payslips; bank statements; employer records; realistic period of likely work

Are you entitled to SSP on a zero-hours contract?

Yes, if average weekly earnings at or above Lower Earnings Limit; SSP £123.25/ week in 2026/27 or 80% of AWE if lower; no obligation on employer to offer further occupational sick pay

Will making a claim affect future shifts?

Legal protection against detriment — link to /can-i-be-sacked; zero-hours workers are protected from retaliation for health and safety activity under s.44 ERA 1996, though enforcement is harder without job security