I Had An Accident at Work – What Are My Rights?

Every year, there are over 600,000 non-fatal workplace injuries reported in the UK. If you have had an accident at work, you are certainly not alone. But what are your rights if you have had an injury at work? 

We’ve got you covered. Our team at Recovery Beacon have helped many people get the outcome they deserve after having an accident at work, and we can help you, too. Read on to find out more about workplace injury rights and what this means for you. 

Steps to Take After an Accident at Work 

Step 1 – Report The Accident Immediately

Let your employer or manager know as soon as possible. If you’re not sure of the best person to speak to, review your workplace’s reporting procedures. 

Make sure the accident has been reported in the accident book – it should have details such as the location, the time, what injuries you sustained, and if there were any witnesses. This is essential for legal and insurance purposes. 

Step 2 – Seek Medical Support 

If you’re injured, seek medical assistance ASAP. This could involve speaking to a first aider, booking a GP appointment, or heading to A&E. Remember that any medical records may be used as evidence further down the line. 

Step 3 – Document All Evidence

Gather all the evidence you need to support your case, such as:

• Photographs of the scene of the accident

• Information on any unsafe conditions

• Information on injuries sustained

• Medical records

• Witness statements (and contact details)

This evidence will help to strengthen any claims you make. The more evidence you can gather, the better. 

Step 4 – Don’t Admit Fault

After an accident, it’s best not to admit responsibility or even apologise at the scene. While this may feel natural, your words could later be taken as an admission of liability and affect your chance of receiving compensation. Liability should only be decided once all the facts are known and you’ve had advice from a legal expert or trade union representative.

What if The Accident Was My Fault?

Make sure you follow the relevant reporting regulations, such as RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations). Follow the steps listed above to make sure your rights remain protected, even if the accident was your fault. 

If you believe the accident was your fault, avoid admitting this until liability has been assessed. This is because it may be due to other factors, such as a lack of training or unsafe working conditions. 

You still have rights, even if the accident at work was your fault. 

It is the employer’s responsibility to maintain a safe working environment under the Health and Safety at Work Act 1974. This means that if they failed to provide the right training, equipment or risk assessments, then they may be liable – even if you believe you caused the accident. 

You can also claim compensation if your employer shares liability, and the compensation could cover any loss of earnings as well as pain and suffering.

What Are My Rights?

If you have an accident at work, your rights under UK law include: 

• The right to record the accident – report the accident in an accident book, or for more serious accidents, to the Health and Safety Executive (HSE) under RIDDOR

• The right to medical assistance – employers should provide sufficient first-aid training and facilities.

• The right to sick pay – you may be eligible for SSP for up to 28 weeks (or longer if outlined in your contract), and possibly Employment and Support Allowance. More info on sick pay following an accident.

• The right to claim compensation – If the accident was due to employer negligence, you can claim compensation to cover loss of earnings, medical expenses, and other damages 

Should I Tell My Employer if I Am Making a Claim?

Legally, you are not obligated to tell your employer if you are making a workplace accident claim. However, open communication may be the best way forward. 

Your right to make a claim is protected under UK employment law, which means your employer can not pressure you, dismiss you, or treat you unfairly in any way for making a claim. 

Being open and honest about the claim can help to preserve your professional relationship and avoid any potential awkwardness. That being said, claims are processed through your employer’s insurance and not through their own funds, so they will not be financially harmed if you make a claim. 

Had an Accident at Work? Make a Claim with Recovery Beacon Solicitors 

Don’t let a workplace injury hold you back. Here at Recovery Beacon, we specialise in No-Win, No-Fee accident at work claims, so you don’t have to pay anything upfront. 

We have years of experience and a track record of helping people get the outcomes they deserve after an accident at work. We’re here to help you get the compensation you deserve for medical costs, loss of earnings, and more.