Employment Injury: How to Claim Compensation in the UK

Table of Contents

1. What Is an Employment Injury?

An employment injury refers to any physical or psychological harm sustained while performing work-related duties. This includes accidents at the workplace, injuries caused by unsafe conditions, and long-term health issues due to work exposure.

2. Common Types of Employment Injuries

Workplace injuries vary based on the job environment. Some of the most common include:

Slips, trips, and falls – Wet floors, uneven surfaces, or poor lighting.
Manual handling injuries – Back or muscle strain from lifting heavy objects.
Falls from height – Accidents involving scaffolding, ladders, or rooftops.
Machinery accidents – Injuries due to faulty or improperly used equipment.
Repetitive strain injuries (RSI) – Long-term damage from repetitive tasks.
Work-related stress and PTSD – Psychological injuries caused by toxic work environments.
Exposure to hazardous substances – Chemical burns, respiratory conditions, or industrial diseases.

3. Who Is Responsible for an Employment Injury?

By law, employers in the UK have a duty to provide a safe working environment. This includes:

Conducting risk assessments.
Providing adequate training and safety equipment.
Ensuring proper workplace hygiene and maintenance.
Having employer’s liability insurance to cover injury claims.

If an employer fails in these duties and an injury occurs, they may be held legally responsible.

4. What to Do After an Employment Injury

1. Seek Medical Attention

Get a medical report to document your injury and required treatment.

2. Report the Incident

Inform your employer and ensure the accident is recorded in the workplace accident book.

3. Gather Evidence

Take photos of the accident scene.
Collect witness statements from co-workers.
Keep records of medical reports and expenses.

4. Consult a Solicitor

A personal injury lawyer can assess your claim and guide you through the legal process.

5. File a Compensation Claim

Your solicitor will submit a claim against your employer’s liability insurance.

5. How Much Compensation Can You Claim for an Employment Injury?

Compensation depends on the severity of your injury and financial losses. Estimated payouts include:

Minor workplace injuries – £1,000 – £6,000
Broken bones – £6,000 – £50,000
Severe back injuries – £25,000 – £150,000
Head or brain injuries – £40,000 – £500,000+
Loss of limb (amputation) – £80,000 – £300,000

Additional compensation may be awarded for lost wages, future medical costs, and emotional distress.

6. Can You Claim Compensation on a No Win, No Fee Basis?

Yes. Many solicitors offer no win, no fee employment injury claims, meaning:

You don’t pay upfront legal fees.
If you win, a success fee (usually 25%) is deducted from your compensation.
If you lose, you owe nothing.

7. How Long Do Employment Injury Claims Take?

The timeline depends on case complexity:

Minor injuries – 4-9 months
Moderate injuries – 12-18 months
Severe injuries requiring court action – 1-3+ years

8. Can You Be Fired for Claiming Compensation?

No. It is illegal for an employer to dismiss or discriminate against you for making a workplace injury claim. If this happens, you may also have grounds for an unfair dismissal claim.

9. What If You Were Partially at Fault?

You can still claim compensation, but your payout may be reduced based on shared liability (contributory negligence).

For example: If you were 20% at fault, your compensation will be reduced by 20%.

10. Time Limits for Employment Injury Claims

In the UK, you have three years from the date of injury to file a claim. Exceptions may apply if:

The injury was discovered later (industrial disease claims).
The injured person lacks mental capacity.
The injured worker was under 18 years old at the time of the accident.

Frequently Asked Questions

Can I claim compensation if my employer denies responsibility?

Yes. A solicitor can gather evidence to prove your employer’s negligence.

Do all claims go to court?

No. Most claims settle out of court through negotiations with the employer’s insurer.

Work-related stress or PTSD claims typically range from £5,000 to £100,000, depending on severity.

Can I claim if my injury developed over time (e.g., RSI)?

Yes. Repetitive strain injuries and other gradual conditions are eligible for compensation.

What if my employer doesn’t have insurance?

You can still claim through the Employer’s Liability Insurance Bureau (ELIB).

Can I switch solicitors if I’m unhappy with my current one?

Yes, you can change solicitors at any time if you feel your case isn’t being handled properly.

Conclusion

If you’ve suffered an employment injury, you have the right to claim compensation for medical expenses, lost wages, and pain and suffering. Working with a no win, no fee solicitor ensures you get legal help without upfront costs.