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Reviewed by Leanne Henton, Solicitor & Head of Personal Injury and Medical Negligence Claims at NJS Law · Last reviewed June 2026 · England & Wales

Accident at work claims: a step-by-step guide to compensation

◆ In short
An accident at work claim lets an injured employee seek compensation when their employer failed to take reasonable steps to keep them safe. In England & Wales you usually have three years from the date of the accident to claim, most cases settle without court, and claims are typically funded on a no win, no fee basis.

Every year, employers across Great Britain report well over half a million non-fatal injuries to workers. When an injury is caused by an employer breaching their legal duty of care, the law allows the injured person to seek compensation. This guide walks through how workplace injury claims work — from the moment of the accident through to settlement.

Can you claim for an accident at work?

You may be able to claim if your injury was caused by your employer failing to take reasonable steps to keep you safe. Under the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999, every employer in England & Wales owes employees a duty of care — to provide a safe workplace, proper training, suitable equipment, and to carry out risk assessments.

A successful claim usually needs to establish three things:

Duty of careYour employer was legally responsible for your safety.
Breach of dutyThey failed to meet an appropriate safety standard.
CausationThat failure directly caused your injury.

Common examples of a breach include unsafe lifting procedures, lack of protective equipment, faulty machinery, slips and trips from poor maintenance, and failure to provide proper training. Workplace injury claims are usually based on preventable safety failures rather than genuine accidents no one could have avoided.

Why workplace accidents happen

Workplace injuries often occur when safety systems break down or risks are not properly managed. Common causes include:

  • Lack of training or supervision
  • Unsafe equipment or machinery
  • Failure to carry out risk assessments
  • Inadequate safety procedures
  • Poor maintenance of the workplace environment
  • Insufficient protective equipment

The 6 steps of an accident at work claim

Step 1

Seek medical treatment and prioritise your health

Your health always comes first. Even if an injury seems minor, seeking medical attention ensures it is properly assessed and recorded. Seek urgent care for a head injury or loss of consciousness, severe pain or suspected fractures, heavy bleeding, spinal injuries, or neurological symptoms. Medical records are vital evidence — they establish when symptoms began, the diagnosis, and whether they are consistent with the incident.

Step 2

Report the accident and preserve evidence

Workplace accidents should be reported as soon as possible. Most employers must record incidents in an accident book. Where you can, preserve photographs, witness details, accident reports, and financial records (lost income, medical costs, travel and care costs). You are not expected to investigate yourself, but keeping what you already have helps.

Step 3

Check whether you can claim

Not every accident leads to a claim — it needs to show duty of care, breach and causation. If you were partly responsible, you may still claim under contributory negligence: your compensation may be reduced in proportion to your share of fault, but you are not prevented from claiming.

Step 4

Starting your claim

Once you instruct a solicitor, they investigate the accident — obtaining accident and safety records, gathering witness evidence, obtaining medical records, instructing independent experts, and sending a formal Letter of Claim (or Claim Notification Form via the Claims Portal) to the employer or insurer. Employers are normally insured, so compensation is usually paid by insurers. Many claims resolve at this stage.

Step 5

Medical evidence and valuing compensation

Independent medical experts assess the nature and severity of your injury, addressing diagnosis, cause, recovery and long-term prognosis. Compensation is usually split into general and special damages (below). If the employer admits responsibility, interim payments may be available while the claim continues.

Step 6

Settlement or court proceedings

Most claims settle through negotiation without court. Once settled, compensation is normally paid within a few weeks, any agreed deductions are applied transparently, and the balance transferred to you. If court is necessary, your solicitor guides you throughout.

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Time limits: how long do you have to claim?

Under the Limitation Act 1980, most accident at work claims must be started within three years of the accident, or of the date you became aware your injury was linked to your work. Important exceptions:

  • Children under 18 — the three-year clock starts at their 18th birthday, so a claim can be brought up to age 21. Before that, a parent or guardian can claim as a "litigation friend".
  • Lack of mental capacity — the limit is suspended while the person lacks capacity to bring a claim.

Worried you might be running out of time? It is free to check where you stand — with no obligation.

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Common accident at work claims

Workplace injuries occur in every industry, but some incidents appear frequently:

  • Slips, trips and falls at work
  • Injuries from lifting or manual handling
  • Machinery and equipment accidents
  • Falling objects and falls from height
  • Construction site accidents
  • Exposure to hazardous substances
  • Repetitive strain injuries

How much compensation can you claim?

There is no fixed amount — it depends on the severity of your injury and its financial impact. The injury element is valued using the Judicial College Guidelines (JCG). Compensation is usually divided into two parts:

  • General damages — for pain, suffering and loss of quality of life.
  • Special damages — for financial losses: lost wages, medical treatment, travel, care, and future losses.
Type of injuryKey factorsIndicative range
Minor soft tissue / whiplashRecovery period, impact on daily activities£1,000 – £11,000
Moderate back injuryDuration of symptoms, impact on mobility and work£12,000 – £38,000
Serious back injuryPermanent symptoms, disc damage, nerve involvement£38,000 – £170,000+
Leg fracture (simple)Recovery time, surgery required, long-term impact£7,000 – £20,000
Serious leg / limb injuryMultiple fractures, permanent disability, amputation£40,000 – £130,000+
Arm / shoulder injurySeverity, dominant arm affected, impact on work£6,500 – £45,000
Head and brain injuryCognitive impairment, personality change, long-term care£15,000 – £380,000+
Psychological injury (incl. PTSD)Severity, duration, impact on employment and relationships£3,500 – £100,000+

Ranges are based on the Judicial College Guidelines and are for general guidance only — they are not a quote. The amount you could receive depends on the specific facts of your case, and financial losses (special damages) are awarded on top of these figures.

Want to know what your claim could be worth? Our team can give you a free, no-obligation assessment.

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How long do accident at work claims take?

  • Straightforward claims: often around 12 to 18 months.
  • More complex or serious cases: two to three years or longer.

Timing depends on the seriousness of the injury, whether the employer admits responsibility, and when medical evidence becomes available.

How is a claim funded? No win, no fee explained

Most accident at work claims are funded under a no win, no fee agreement (a Conditional Fee Agreement): no upfront legal fees, no fees to pay if the claim does not succeed, and a capped deduction from compensation only if it succeeds. All funding is explained clearly before you decide whether to proceed. Read how no win, no fee works.

Why choose NJS Law for your accident at work claim?

Workplace injury claims are rarely just about the accident itself — they often involve worry about employment, financial pressure, and relationships at work. Many people feel uncomfortable claiming against an employer. Our role is to provide clear, practical advice so you can understand your options without pressure. We build each case thoroughly — obtaining documentation, reviewing health and safety procedures, identifying the correct insurer, gathering evidence and instructing independent experts — and, where appropriate, seek interim payments and support access to rehabilitation. You remain in control throughout. More reasons to choose NJS Law.

Injured at work? Find out where you stand.

Contacting NJS Law does not commit you to a claim. We'll listen, explain how the law applies, and tell you honestly whether we can help — free and with no obligation.

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or call free on 0800 6525 656 · No win, no fee on eligible claims (subject to terms)

Frequently asked questions

Can I claim compensation if I was injured at work?
You may be able to claim if your injury was caused by your employer failing to take reasonable steps to keep you safe. Employers have a legal duty to provide a safe workplace, proper training and suitable equipment.
Can I claim against my employer without losing my job?
Yes. Employers must hold insurance for workplace injury claims, and compensation is usually paid by the insurer. You are also legally protected from unfair treatment for making a genuine claim. Read more about your job protection.
What if the accident was partly my fault?
You can still claim. Under contributory negligence, if you were partly responsible your compensation may be reduced in proportion to your share of the fault, but you are not prevented from claiming.
What if I did not report the accident at the time?
You may still be able to claim, but evidence becomes more important. Medical records and other documentation can help support your case.
Is there a time limit for bringing a workplace injury claim?
Yes. In most cases you must start proceedings within three years of the accident, or of when you became aware your injury was work-related. Exceptions apply for children and people who lack mental capacity. Read more on time limits.
How much compensation could I get?
It depends on the severity of your injury and your financial losses. The injury element is valued using the Judicial College Guidelines. See our compensation guide.

NJS Law Limited is authorised and regulated by the Solicitors Regulation Authority (SRA No. 8006550). This guide provides general information for England & Wales only and does not constitute legal advice. For advice specific to your situation, please contact our team.

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Our services are authorised and regulated by the Solicitors Regulation Authority. www.sra.org.uk

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