I Had an Accident at Work - What Are My Rights?

If you’ve been injured at work, it’s completely normal to feel unsure about what to do next. Many people worry about their job, their income, and whether they’re even allowed to report what happened. The good news is that UK law gives workers strong protections, and if you’re thinking, “I had an accident at work, what are my rights?”, this guide will help you understand exactly where you stand.

After a workplace accident, you have clear legal rights, financial protections, and (if employer negligence played a part) the right to make a compensation claim. You cannot be punished or dismissed for reporting an accident, and your employer must follow strict health and safety rules to keep you safe.

Before we go any further, here’s what you’ll learn in this guide:

  • Your legal rights after a workplace accident
  • What to do immediately to protect your health and your claim
  • Your employer’s responsibilities under UK law
  • Whether you can be sacked or disciplined (you can’t)
  • Your sick pay rights, including SSP and loss of earnings
  • When you can claim compensation and how eligibility works
  • What happens if the accident was partly your fault
  • The evidence you’ll need to support a claim
  • What to do if your employer denies responsibility
  • How a personal injury solicitor protects your rights

This blog is designed to give you calm, clear, and practical guidance so you can move forward with confidence. You don’t have to navigaate this alone - you have rights, and support is available.

I Had an Accident at Work - What Are My Rights?

What Are My Rights After an Accident at Work?

After an accident at work, you have more rights than many people realise. UK law is there to protect you, not your employer. These rights usually apply whether you are full-time, part-time, temporary, or agency staff.

You have the right to:

  • Have your injury properly recorded in the accident book
  • Seek medical treatment immediately – you do not have to “wait and see”
  • Report the accident without fear of losing your job
  • Statutory Sick Pay (SSP) if you meet the basic eligibility rules, and contractual sick pay if your employer offers it
  • A safe working environment under the Health and Safety at Work Act
  • Protection from unfair treatment or dismissal because you reported an accident or made a claim
  • Make a compensation claim if the accident was caused by employer negligence or unsafe practices
  • Access to Employers’ Liability Insurance – all UK employers must have this to cover workplace injury claims
  • Support with returning to work, including reasonable adjustments or alternative duties where needed

These rights are not “optional extras” - they are legal protections. You do not need to feel guilty or worried about using them.

What To Do Immediately After an Accident at Work

Knowing what to do straight after a workplace accident can protect both your health and your legal position. Try to follow these steps, as calmly as you can:

  1. Get medical attention
    Your health comes first. Ask for first aid, visit A&E, or see your GP as soon as possible. This ensures you get treated and creates vital medical records.
  2. Report your accident to a manager or supervisor
    Tell someone in charge what happened. Do this even if the injury seems minor at first. It helps show the accident happened at work.
  3. Make sure the accident is recorded in the accident book
    Every workplace with 10 or more employees should have one. Check the details are correct and ask to add anything important.
  4. Take photos of the scene and any hazards
    If you can, photograph spillages, broken equipment, missing safety guards, or anything that caused or contributed to the accident.
  5. Collect witness details
    Get names and contact details of anyone who saw what happened or knew about the hazard beforehand.
  6. Keep records of symptoms and expenses
    Note how you feel, any time off work, travel costs to appointments, and any medication or treatment costs.
  7. Ask for a copy of the accident report
    This can be important evidence later if you decide to make a claim.

Each of these steps helps protect your health, your income, and your legal rights. You don’t have to do everything perfectly, but doing as many as you can will put you in a stronger position if you need to take things further.

Your Employer’s Responsibilities After an Accident at Work

Your employer has a legal duty to keep you safe while you are at work. These responsibilities apply to almost every workplace, from offices and shops to factories, construction sites, and warehouses. After an accident, your employer must:

  • Keep workers safe through proper training
    You should be shown how to do your job safely, including manual handling techniques and equipment use.
  • Maintain equipment and machinery
    Faulty tools, broken machinery, or missing guards must be repaired or replaced promptly.
  • Carry out risk assessments
    Employers must identify hazards and put measures in place to reduce the risk of accidents.
  • Provide PPE (Personal Protective Equipment)
    Items such as gloves, helmets, goggles, or safety boots must be supplied when needed — and free of charge.
  • Make sure work areas are hazard-free
    Spills, clutter, uneven flooring, and unsafe working conditions must be dealt with quickly.
  • Record accidents accurately
    Any accident you report must be logged in the accident book.
  • Report serious injuries under RIDDOR
    Certain incidents must be reported to the Health and Safety Executive.
  • Support your return to work
    This may include lighter duties, altered hours, or other reasonable adjustments.

If your employer failed to meet these duties and this contributed to your accident, you may be entitled to compensation. Their responsibilities exist to protect you, not to protect themselves.

Your Employer’s Responsibilities After an Accident at Work

Can I Be Dismissed for Having an Accident at Work?

No. It is illegal for an employer to dismiss you, discipline you, or treat you unfairly because you reported an accident or made a claim.

This fear is incredibly common, but the law is clear:

  • Reporting an injury is a legal requirement, not a choice.
  • Making a claim does not affect your employment rights.
  • If an employer sacks someone because they made a claim, this can be classed as unfair dismissal.

You cannot be punished for standing up for your health, your safety, or your legal rights. A good employer will want to understand what went wrong — not retaliate against you. If you ever feel intimidated or pressured, a solicitor can guide you and protect your position.

Am I Entitled to Sick Pay After an Accident at Work?

If you’re unable to work because of your injury, you may be entitled to sick pay. The type and amount you receive will depend on your employment contract and the hours you normally work.

Statutory Sick Pay (SSP)

Most workers who earn at least the minimum required amount and have been off sick for four or more days in a row qualify for Statutory Sick Pay. SSP is paid by your employer for up to 28 weeks at a fixed weekly rate set by the government.

You can receive SSP even if the accident was partly your fault.

Contractual or Enhanced Sick Pay

Some employers offer a more generous sick pay scheme. This might include receiving your full pay or a higher percentage of your wage for a set period. Check your employment contract or staff handbook to see whether enhanced sick pay applies to you.

Can I Claim Loss of Earnings?

Yes. If the accident at work caused you to lose income, you can claim loss of earnings as part of a personal injury compensation claim.
 This is separate from sick pay and can cover:

  • Wages lost during your recovery
  • Future lost earnings if you cannot return to the same role
  • Lost overtime or bonuses

Sick pay helps with short-term income, but compensation ensures you’re not financially disadvantaged because of an accident that wasn’t your fault.

Can I Claim Compensation After an Accident at Work?

Yes - you can usually claim compensation after an accident at work if your injury was caused by unsafe conditions, poor training, or employer negligence. The process is designed to support injured workers, not to punish employers.

You may be able to claim compensation if:

  • You were injured
  • The accident happened at work (or while carrying out work duties)
  • Your employer, another worker, or workplace conditions were negligent
  • The accident happened within the last three years

Compensation is there to help you recover physically, emotionally, and financially. It can cover:

  • Injuries and pain caused by the accident
  • Loss of earnings, including future income
  • Medical costs, such as physiotherapy
  • Travel expenses for hospital or GP visits
  • Rehabilitation support and treatment
  • Long-term impact, including ongoing symptoms or disability
  • Cost of care from family or professionals

The aim is to put you back in the position you would have been in if the accident had not happened. The process is supportive, confidential, and handled through your employer’s insurance - not their personal finances.

What If the Accident Was Partly My Fault?

Even if you think you played a small part in the accident, you may still be able to claim compensation. This is known as contributory negligence. It simply means your compensation might be reduced to reflect your share of responsibility - but it does not stop you from making a claim.

Examples of situations where contributory negligence may apply include:

  • Not wearing PPE that was provided
  • Not following instructions properly
  • Making a momentary mistake or misjudgment
  • Rushing because of workload or pressure

These things happen in busy workplaces, and many successful claims involve shared responsibility. The key question is whether your employer also contributed to the accident through poor training, unsafe conditions, faulty equipment, or lack of supervision. The law recognises that accidents are rarely black and white - and your rights remain protected.

 

What Evidence Do I Need for an Accident at Work Claim?

Strong evidence helps show what happened and how your injury has affected you. You don’t need to gather everything at once, but the following items can significantly strengthen your claim:

  • Accident book entry
  • Photos of the scene and any hazards
  • Photos of your injuries
  • Witness names and statements
  • CCTV footage (your employer must provide this if requested)
  • Medical records
  • GP or A&E notes
  • Proof of expenses such as travel, medication, or equipment
  • Diary of symptoms and recovery
  • Emails or messages reporting hazards before or after the accident

Consistent medical evidence is particularly important. Seeing your GP regularly, attending follow-up appointments, and keeping a record of symptoms all help show the ongoing impact of your injury.

This evidence helps paint a clear, factual picture of the accident and supports your right to compensation.

What If the Accident Was Partly My Fault?

Employer Denying Liability - What Are My Rights?

It is very common for employers to deny responsibility when a claim is first made. This can feel worrying, but it does not mean your claim will fail.

Here is what you need to know:

  • Employers often deny liability as a routine starting point.
  • Your solicitor will gather evidence to establish what really happened.
  • The employer’s insurer must still investigate the claim properly.
  • CCTV footage, witness statements, accident reports, and risk assessments often reveal the true cause of the accident.

In other words, a denial is not the end of the process - it is simply part of it.

You still have the right to make a claim even if your employer disputes what happened. We can help you challenge the denial, request evidence, and build a strong case on your behalf.

Frequently Asked Questions

What are my rights if I have an accident at work?

You have the right to report the accident, receive medical treatment, have the incident recorded in the accident book, and work in a safe environment. You also have the right to Statutory Sick Pay, protection from unfair treatment, and (if negligence played a part) the right to make a workplace accident compensation claim.

Do I need to report my accident to my employer?

Yes. You should report your accident as soon as possible. This protects your health and your legal rights. Reporting the accident ensures it is entered into the accident book and creates a record that supports any future claim. You cannot be disciplined for reporting an injury.

Can I claim compensation if my employer was not aware of the hazard?

Yes. You can still make a claim even if your employer did not know about the hazard. Employers have a legal duty to carry out risk assessments, maintain safe working conditions, and identify dangers before accidents happen. If they failed in that duty, you may still be entitled to compensation.

What if I did not record the accident at the time?

You can still make a claim. While an accident book entry is helpful, it is not essential. Medical records, witness statements, photos, emails, and workplace CCTV can all support your version of events. We can help gather evidence if the accident was not recorded immediately.

Can agency or temporary workers claim?

Yes. Agency workers, temporary staff, part-time employees, contractors, and even some self-employed workers often have the same rights as permanent staff. If you were injured because of unsafe conditions or employer negligence, you can usually make a claim for an accident at work.

What if my employer refuses to put it in the accident book?

If your employer refuses, you should make your own written record of the incident and email it to them so there is a timestamped trail. You can also ask a colleague or union representative to witness your account. Your solicitor can request workplace records later if needed.

Do I get full pay after an accident at work?

Not always. Most workers are entitled to Statutory Sick Pay (SSP), and some employers offer enhanced contractual sick pay. If the accident was caused by negligence, you may also claim loss of earnings as part of your compensation. Sick pay and compensation are separate.

Can I claim if I’m partly at fault?

Yes. Many people successfully claim even if they played a small part in the accident. This is known as contributory negligence. Your compensation may be reduced based on your share of responsibility, but your right to claim remains. The law recognises that accidents are rarely one-sided.

How Our Accident at Work Solicitors Can Help You

When you’ve had an accident at work, it can feel overwhelming trying to understand your rights, deal with your employer, and manage your recovery at the same time. That’s where TBI Law comes in. Our personal injury solicitors take the pressure off you from day one, guiding you through the process with clear, practical advice.

Here’s how we help:

  • We explain your rights clearly
    You’ll always know where you stand and what options you have.
  • We collect the evidence needed to build a strong case
    This includes accident reports, witness statements, medical records, and CCTV footage.
  • We handle all communication
    You won’t have to speak to insurers or deal with difficult conversations with your employer. We do that for you.
  • We arrange independent medical assessments
    This helps show the full extent of your injuries and what support you may need.
  • We calculate your compensation accurately
    We assess your financial losses, ongoing needs, and long-term impact to ensure nothing is overlooked.
  • We support your recovery
    Where needed, we help you access rehabilitation, physiotherapy, or other specialist services to aid your return to work or daily life.
  • We work on a No Win No Fee basis
    This means you pay nothing upfront, and you only pay a fee if your claim succeeds. There is no financial risk to starting a claim.

Our goal is simple: to make the process as stress-free as possible while protecting your rights and securing the compensation you deserve.

If you’ve been injured at work and want clear, supportive advice based on your situation, contact TBI Law today. Our specialist solicitors are here to guide you, answer your questions, and help you take the next step with confidence.

How Our Accident at Work Solicitors Can Help You