Having an accident at work can be a very distressing experience.
On top of any injuries sustained, many workers also worry about how their employer will handle the situation.
If you’ve had a workplace accident and aren’t sure of your rights, Thompsons Solicitors can help. We’re the UK’s leading law firm for trade unions, representing workers and never employers for over a century.
In this guide, we’ll explain your rights following an accident at work by answering some common questions we hear from our clients.
Your Rights and Steps to Take After Suffering an Injury at Work
If you've been injured at work, it's critical to act swiftly to secure your rights. Thompsons Solicitors, with a century-long history of exclusively representing workers, not employers, is here to help you understand and exercise your rights after a workplace injury.
What should I do if I have an accident at work?
Upon suffering an injury, promptly report the incident to your employer using the established reporting procedures, like the accident book. Ensure you receive medical attention immediately for your injuries. You should gather evidence and take photos of the unsafe conditions that led to your injury and any physical injuries.
Taking photographic evidence of the accident can also be useful in the event that you decide to make an accident at work claim. You should photograph any unsafe conditions that contributed to the accident – for example, if you tripped over loose wires, take a photo of the wires as evidence. It is also a good idea to take photo evidence of any injuries caused by the accident.
Documentation is key, and remember, you should only admit responsibility after consulting with your trade union representative.
Can I be fired for having an accident at work?
Many workers worry about the repercussions of filing a claim, including potential job loss. Legally, you cannot be dismissed for being injured unless the injury was a result of your gross negligence.
If the accident was partly your fault, but partly a result of your employer’s negligence, you may be able to challenge a decision to dismiss you from your role.
If you were not at fault for the accident, your employer should not dismiss you because of the accident. If your employment is unfairly terminated, this may constitute unfair dismissal, allowing you to take legal action.
For more information, read our article about what to do if you have been dismissed after an accident at work.
Will I get sick pay after an accident at work?
If you need to take time off because of injuries caused by an accident at work, check your employment contract for details about your sick pay entitlement.
Your contract should outline whether you are entitled to Statutory Sick Pay (SSP), or a higher rate of contractual sick pay.
If there's any dispute over your sick pay, your trade union representative can provide advice and support.
Can I claim compensation for an accident at work?
If you have been injured in an accident at work where your employer was at least partly at fault, you can make a personal injury claim.
Under the Health and Safety at Work Act 1974, employers are obligated to provide a safe working environment. If your employer has failed to protect you, then it is your right to seek compensation for your injury.
Many workers worry about what will happen if they make an accident at work claim. It is important to remember that you are entitled to compensation if you are injured as a result of your employer’s negligence. Your employer should not discriminate against you for making an accident at work claim. If you suffer any unfair treatment from your employer after bringing a claim against them, make sure you inform your trade union so they can advise you.
Do not hesitate to claim compensation; fear of impacting your employer financially should not deter you. Employers are required to have insurance that covers such claims, which handles legal costs and compensation payouts, ensuring that no financial burden falls on individual employees.
How much does it cost to make an accident at work claim?
If you belong to a trade union, you may be able to make an accident at work claim free of charge as part of your member benefits package. Visit our union pages to see if you are covered and could receive 100% compensation through making a claim through your union.
If you aren’t in a union, you can pursue an accident at work claim without upfront costs by choosing a no win, no fee arrangement. The packages that law firms offer with ‘no win no fee’ claims vary considerably, and some firms charge much more than others. At Thompsons, we offer transparent information on our fees for non-union clients, available on our fees and payments page, speak to us today on 0800 0 224 224 or submit our form to learn more about how to make a claim.
Thompsons Solicitors is dedicated to supporting workers who have been injured on the job. We ensure you understand your rights, the steps to take following an injury, and how to claim the compensation you deserve. Your safety and justice in the workplace are our top priorities.