- What Is an Injury at Work in Scotland? An injury at work in Scotland refers to any physical or psychological harm suffered during the course of your employment. This includes incidents on-site, off-site while on duty, or even while working from home. Injuries can range from minor cuts and bruises to serious long-term conditions like industrial disease or psychological trauma.
- Common Types of Workplace Injuries in Scotland
- Slips, trips, and falls
- Manual handling injuries (lifting, carrying)
- Machinery-related accidents
- Falls from height (e.g., scaffolding, ladders)
- Exposure to hazardous chemicals
- Electric shocks or burns
- Repetitive strain injuries (RSI)
- Stress or psychological harm
- Legal Duties of Employers in Scotland Under the Health and Safety at Work etc. Act 1974, employers must:
- Provide a safe working environment
- Conduct risk assessments
- Provide training and protective equipment
- Maintain equipment properly
- Comply with RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations)
- Who Can Claim for a Work Injury in Scotland? You can claim if:
- You are an employee, contractor, or agency worker
- You were injured at work due to negligence or unsafe practices
- The accident happened within the last three years
- You have medical evidence of your injury
- What to Do After a Workplace Injury
- Seek medical attention immediately
- Report the accident to your manager or supervisor
- Ensure it’s logged in the accident book
- Take photos of the scene and injuries
- Collect witness contact details
- Consult a solicitor for legal advice
- What Compensation Can You Claim? A successful injury at work claim in Scotland may cover:
- Pain and suffering (general damages)
- Medical expenses and rehabilitation costs
- Travel costs for treatment
- Lost earnings (past and future)
- Adaptations to home or vehicle (if required)
- Psychological injury (e.g., anxiety, PTSD)
- No Win No Fee Injury Claims in Scotland Most personal injury solicitors in Scotland offer no win no fee services, meaning:
- No upfront legal costs
- You only pay if the claim is successful
- A capped success fee is deducted from your compensation
- ATE insurance may be included to protect you from any additional costs
- Time Limit for Injury at Work Claims in Scotland
- You have 3 years from the date of the accident or the date you became aware of the injury
- Exceptions apply for minors (time starts at age 16) or those lacking mental capacity
- Can You Claim If You Were Partly Responsible? Yes. Under contributory negligence, your compensation may be reduced if you share some fault, but you are still entitled to make a claim.
- Industrial Illness and Long-Term Conditions
Some injuries or illnesses develop over time, such as:
- Asbestos-related diseases
- Hearing loss due to noise exposure
- Hand-arm vibration syndrome (HAVS)
- Stress and burnout
You can still claim if diagnosed within three years of becoming aware the condition is work-related.
- What If You No Longer Work for the Employer?
You can still make a claim even if you’ve left the job, retired, or the company has ceased trading—so long as the injury occurred during your employment and the claim is made within the legal time limit.
- Can You Be Fired for Making a Claim?
No. It is illegal for employers to dismiss or treat employees unfairly for seeking compensation for a legitimate injury. You are protected under both health and safety and employment laws.
- Injury at Work While Off-Site
If your job requires you to work away from your main workplace (e.g. construction sites, home visits), your employer still has a duty of care. You may be able to claim if your injury was linked to work-related activities.
- How Is Compensation Calculated?
- Type and severity of your injury
- Recovery time and future prognosis
- Financial losses due to time off work
- Impact on daily life and earning capacity
- Cost of care or equipment
Your solicitor will help gather medical evidence and expert reports to support your claim.
- How Long Does a Claim Take?
- Simple claims: 3–6 months
- Complex or disputed cases: 6–18 months or more
Timelines depend on how quickly liability is admitted and the availability of medical reports.
Frequently Asked Questions
- Can I claim if I’m self-employed?
Yes, if your injury was caused by someone else’s negligence (e.g. a contractor or site manager). - Do I need to go to court?
Most claims settle out of court. Court proceedings are only used if there’s a dispute. - Do I need evidence to claim?
Yes. Accident reports, medical records, photos, and witness statements help strengthen your case. - Can I claim for stress caused by work?
Yes, if your employer failed to take reasonable steps to protect your mental health. - Will I have to pay if I lose?
With no win no fee and ATE insurance, you typically pay nothing if the claim is unsuccessful. - Can I claim for minor injuries?
Yes. Even minor injuries can result in time off work and medical costs.
Conclusion
If you’ve suffered an injury at work in Scotland, you have the right to claim compensation for your pain, losses, and recovery. With no win no fee options and expert legal help, it’s easier than ever to access justice without financial risk. Don’t delay—seek advice from a specialist solicitor and take the first step toward securing the support and compensation you deserve.