Being injured in an accident at work can be a difficult and confusing time. You may be unsure of what steps to take next or what your rights are.

Knowing exactly what to do after a workplace accident is crucial for getting the help you need.

In this guide, we will cover the key things you should do following an accident at work and outline your main legal rights as an employee.

Report The Accident Immediately

The first priority after any accident at work is to inform your employer and make sure it is properly recorded.

All employers are legally required to have an accident book available for staff to report incidents.

As soon as possible after the accident, clearly write down details of what happened and any injuries sustained in the accident book. See whether CCTV or similar evidence capturing the incident is available and, if so, ask for it to be preserved.

Make sure you fill in all the necessary information accurately, including the date, time, location, how it happened, witnesses, and any safety concerns.

Reporting accidents is a legal duty under health and safety regulations. Your employer also has obligations to report certain serious workplace accidents, occupational diseases, and dangerous occurrences to the Health and Safety Executive (HSE).

Get Prompt Medical Assistance

After notifying your employer, your next step should be to access medical assistance for any injuries sustained.

Immediately call for a trained workplace first aider, if available. In more serious accident cases, call 999 for emergency help or visit the local Accident & Emergency department.

Make sure you receive appropriate professional medical assessments and treatment for any physical and/or psychological injury caused by the accident.

This could include attending your GP, getting referred to specialists, or having a course of physiotherapy.

Your employer may be legally responsible for covering your medical costs incurred as a result of an accident at work. Keep receipts for treatment, medication purchases, or medical certificates.

What Are My Rights If I Had An Accident At Work?

Your main rights under UK law, if you have a workplace accident, include:

• The right to record the accident details in the accident book.
• The right to receive first aid or medical assistance.
• The right to suitable sick pay, (Statutory Sick Pay (SSP) and/or contractual sick pay) while off work recovering.
• The right to report any safety issues or concerns.
• The right to make a claim for compensation.
• The right to join a trade union for advice and support.
• The right to request reasonable adjustments to help you return to work.

What Am I Entitled To If I Have An Accident At Work?

If you have an accident at work, you are entitled to:

• Statutory Sick Pay (SSP) – subject to eligibility – if you need to take time off work for four or more days, (including non-working days), in a row. This currently pays £109.40 per week for up to 28 weeks.

• Contractual sick pay – refer to your contract of employment.

• You may also be able to recover related medical costs from your employer. This might include the cost of medication, physiotherapy or specialist medical appointments.  You should keep receipts for the expenses incurred. 

• Bring a personal injury claim for compensation if the accident was caused by an employer’s negligence, the negligence of another employee, (in respect of whose acts an employer is legally responsible), or a workplace hazard. The amount awarded depends on a number of factors, including the nature and extent of the injuries sustained and the impact of the injuries.

Understand Your Right To Sick Pay

If your injuries mean you have to take time off work, you may be entitled to receive Statutory Sick Pay (SSP) from your employer to cover, (at least in part) your loss of earnings.

To qualify for SSP, you must earn an average of at least £123.00 per week and be off work sick for four consecutive days or more (including non-working days).

The current weekly rate for SSP is £109.40, for up to 28 weeks.

Check if your workplace offers enhanced contractual sick pay that pays more than the statutory minimum.

Those who do not qualify for SSP (or have a contractual entitlement), may be able to claim Universal Credit or Employment and Support Allowance.

Make sure you understand what sick pay you are entitled to and how to claim it, if needed.

Consider Reporting Safety Concerns

As an employee, you have a responsibility to help maintain health and safety at work. If you believe an accident was caused by issues like dangerous equipment, hazardous working conditions, or lack of training, officially report these concerns to your employer.

Your employer has a duty to assess risks and eliminate workplace hazards. If your report is ignored, and an accident occurs as a consequence, this could amount to negligence and give grounds for a personal injury claim against your employer. Obtain supporting evidence from witnesses if possible and keep records of all safety reports made and concerns raised.

Can I Claim For An Accident At Work That Wasn’t My Fault?

Yes, you can make a personal injury claim for compensation if you have an accident that was caused by your employer’s negligence, the negligence of another employee, (in respect of whose acts your employer is legally responsible), a lack of safety measures or a workplace hazard that an employer failed to identify and rectify, prevent or control. An experienced personal injury solicitor can help determine fault and whether you have valid grounds to bring such a claim.

Notify Your Employer If You Plan To Claim

If, after an initial assessment you decide you want to make a claim for compensation, you should take legal advice as soon as possible.  You may wish to notify your employer at the same time.

For workplace injuries, there is generally a 3-year time limit on personal injury claims. If proceedings are not issued at court within 3 years, the claim is likely to be time-barred and it is unlikely that it could be pursued.  Different rules apply for children and adults without capacity.

Notifying your employer that you plan to pursue a claim means the evidence and details surrounding the accident are more likely to be preserved. This can help build a stronger case.

Seek Legal Advice And Representation

It is advisable to contact a qualified personal injury solicitor as soon as you can after an accident at work to discuss your situation. Most will offer a free initial consultation.

An experienced solicitor can handle the claims process on your behalf and seek to maximise your compensation.

They will gather evidence, liaise with insurers, negotiate a settlement, and take the claim to Court, if necessary.

Legal professionals also know how to correctly value injury compensation claims, taking into account any lost income and any other financial losses (special damages).

Finding good legal support makes the process easier, less stressful and help you obtain your full entitlement to compensation.

Stay In Contact With Your Employer

Keep the lines of communication open with your employer following an accident at work.

Update them on your recovery progress and any changes to your capabilities so they can prepare for your return.

Assists employer has a legal duty under the Equality Act 2010 to make any necessary reasonable adjustments to accommodate your needs if you are disabled or injured and to assist facilitate a safe return.

Be clear and realistic about what duties you can manage and remain willing to take on.

Adjustments may involve changes to working hours, providing special equipment, offering a phased return and/or providing retraining.

Maintaining a good relationship based on openness and cooperation helps ensure that you are successfully and appropriately supported back into the workplace.

Remember: Know Your Rights

Knowing your rights and promptly taking the appropriate action after an accident is essential for getting back on track.

Report what happened, focus on recovery, and seek expert assistance to claim the compensation that you are legally entitled to.

With determination and the right support, you can overcome most workplace injuries and return to your job again.

If you have sustained an accident at work and you would like to find out if you are eligible to claim compensation, contact our experienced team for initial advice.

Frequently Asked Questions

Will I Receive Full Pay If I Have Had An Accident At Work?

You may be eligible to receive Statutory Sick Pay (SSP) of £109.40 per week.

Some employers offer more generous enhanced contractual sick pay schemes that match or contribute a greater amount towards your full normal pay for a certain period. Check your employment contract to see if this is offered. If not, you will need to claim SSP or welfare benefits.

Can I Be Lawfully Dismissed After An Accident At Work?

While it is possible to be lawfully dismissed after an accident at work, employees have considerable legal protection if the dismissal seems linked to the incident and any resulting injury or disability.

Dismissal on the grounds of illness or injury is generally prohibited and could be discriminatory under the Equality Act 2010.

However, employers can potentially fairly dismiss for other reasons and if following a fair process. Prompt specialist legal advice is recommended if dismissal appears unjustified or connected to an accident, injury and/or disability in order to determine if your employment rights have been breached.

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.