Injury Law Specialists

England & Wales

Personal Injury Solicitors for Employees Injured at Work

If you were injured at work because of unsafe conditions or employer negligence, you may be entitled to compensation for your injuries and the losses that follow. Injury Law Specialists is a personal injury law firm acting for employees and workers throughout England and Wales, and our solicitors can assess your circumstances and explain whether you have grounds to claim.

Workplace injuries range from a single serious incident to conditions that develop over years of exposure. We have a particular interest in cases involving significant injury, surgery or lasting effects, and we take on straightforward claims just as readily.

Can an employee claim compensation for an injury at work?

Yes. An employee injured at work can usually claim compensation where the employer failed to keep them reasonably safe. Employers owe their staff a duty of care and must provide safe systems of work, proper training, suitable equipment and a safe workplace. A person injured through a breach of that duty can claim for their injuries and financial losses. Injury Law Specialists offers a free claim assessment so the position can be looked at before you commit to anything.

The single most useful thing to understand about workplace claims is how they are funded. Employers are legally required to hold employers' liability insurance, and a claim is met by that insurer rather than by the business itself. The policy exists for exactly this situation, which means claiming does not put the company's finances at risk and does not take money out of anyone's pocket.

It is also worth knowing what an employer is expected to have done. The law does not require a workplace to be risk free, because that is not achievable. It requires the employer to identify the risks that arise from the work, to put sensible measures in place to control them, and to make sure those measures are actually followed. Claims usually turn on one of those three things failing.

Key takeaways

  • Injury Law Specialists acts for employees and workers injured at work across England and Wales.
  • Employers are legally required to hold employers' liability insurance, and claims are met by that insurer rather than by the business.
  • Dismissing an employee for bringing a personal injury claim would be unlawful.
  • Where you contributed to the accident, compensation is usually reduced rather than refused.
  • Legal services are provided by MB Solicitors, trading name of MB Legal Solicitors Ltd, regulated by the SRA under SRA ID 8000764.

Where and how workplace injuries happen

The setting and the cause both shape how a claim is put together and what evidence matters. These are the situations we deal with most often.

Construction and building sites

Construction accounts for a disproportionate share of serious workplace injuries. Falls from height, being struck by moving plant or falling objects, and collapses of excavations all arise from failures to plan the work properly, to provide adequate edge protection or to segregate people from vehicles and machinery.

Falls from height

Working at height is the single largest cause of fatal and serious workplace injury in the United Kingdom. Claims turn on whether the work was properly planned, whether suitable equipment such as scaffolds, towers or harnesses was provided, and whether that equipment was inspected and maintained.

Manual handling and lifting injuries

Back, shoulder and neck injuries from lifting, carrying and moving loads are among the most common workplace claims. Employers are expected to avoid manual handling where reasonably possible, to assess what cannot be avoided, and to provide training and equipment such as hoists, trolleys or team lifts.

Machinery and defective equipment

Injuries from unguarded machinery, missing emergency stops, inadequate maintenance or equipment that simply should not have been in use. Claims often involve examining maintenance records and the guarding arrangements that were in place at the time.

Slips, trips and falls in the workplace

Spillages, trailing cables, uneven floors and poor housekeeping cause a great many injuries in warehouses, kitchens, factories and offices. What matters is whether the hazard was known about, how long it had been there and what the employer's system for dealing with it was.

Conditions that develop over time

Hand arm vibration syndrome from prolonged tool use, noise induced hearing loss, dermatitis from chemical exposure and asbestos related conditions all develop gradually rather than in one incident. Different rules can apply to limitation, and occupational health records often form the key evidence.

Will I lose my job if I claim?

This is the concern that stops more workplace claims than anything else, and it is worth addressing directly. Dismissing someone because they brought a personal injury claim would be unlawful. An employer who did so would face a tribunal claim on top of the injury claim, which is not a position any sensible business wants to be in.

In practice most of the work happens between solicitors and the insurer, and your employer may have very little involvement beyond providing records and a statement about how the accident happened. Many employers expect claims following a reportable accident and deal with them as a matter of routine.

If you are being treated unfairly at work because you have raised a safety concern or made a claim, that is a separate matter and worth taking advice on in its own right, independently of the injury claim.

How a claim is funded

Suitable personal injury cases may be accepted under a Conditional Fee Agreement, commonly called a No Win, No Fee agreement. Acceptance depends on an assessment of liability, evidence, prospects of success and the funding arrangements available.

If the claim succeeds, a success fee may be payable. The amount and how it is calculated is explained before you decide whether to proceed, so there is no uncertainty about the position later.

How No Win, No Fee works

Evidence that decides a workplace injury claim

One advantage of a workplace claim is that much of the most important evidence sits with the employer and cannot simply disappear. That does not mean you should wait, though.

The accident book entry

Your employer is required to record reportable accidents. Check that what was written down is accurate and ask for a copy if you can.

Risk assessments and method statements

These show what the employer identified as a risk and what controls were supposed to be in place, which is often the heart of the case.

Maintenance and training records

Inspection logs, servicing records, training certificates and equipment registers can all demonstrate whether systems were actually followed.

Witness accounts

Colleagues who saw what happened, including those who saw the hazard beforehand or raised concerns about it.

Medical records and occupational health

A&E and GP records, occupational health notes, and a report from an independent medical expert on the injuries and prognosis.

Records of loss

Payslips or accounts showing time off and reduced hours, plus receipts for treatment, travel and any care or equipment needed.

You do not need to gather any of this yourself before contacting a solicitor. In fact, one of the first things we do is request the relevant records formally, so they cannot be lost or altered.

What an injured employee can claim for

Compensation is usually split between the injury itself and the financial consequences of the accident. The two are assessed separately.

Pain, suffering and effect on life

The injury itself, how severe it is, how long it lasts and how it affects work, sleep, mobility and day to day life.

Loss of earnings

Pay already lost through time off or reduced hours, and future loss where the injury affects what you are able to earn, including if you cannot return to your trade.

Treatment and rehabilitation

Surgery, physiotherapy, private treatment and rehabilitation where these are needed and evidenced.

Care and assistance

Help with household tasks, gardening, DIY or personal care that you could manage before but cannot now.

Equipment and adaptions

Any aids, equipment or changes to your home or vehicle needed because of the injury, where these are properly supported.

Future expense

Retraining, loss of pension entitlement and other costs likely to arise in future, where they can be evidenced.

What a personal injury solicitor does on your behalf

Workplace claims involve employer records, insurer arguments about your own conduct, and often a career that has been affected. A solicitor's role covers all three.

  1. 1

    Establishes the employer's duty and breach

    Your solicitor identifies what the employer should have done, requests the risk assessments, training and maintenance records, and builds the case on where the system failed.

  2. 2

    Obtains the medical evidence

    Independent medical experts are instructed to examine you and report on the injury, its severity, your prognosis and any treatment still needed.

  3. 3

    Quantifies the losses

    Earnings, treatment, care, travel, retraining and pension losses are calculated and supported with evidence, so nothing recoverable is left out.

  4. 4

    Deals with the insurer

    Correspondence, negotiations and any arguments about your own conduct or the level of compensation are handled for you.

  5. 5

    Pursues the claim if needed

    If a fair settlement cannot be agreed, court proceedings can be issued. Most claims settle long before a hearing, but the option is there when it is needed.

  6. 6

    Keeps you informed

    You should know where your claim stands at each significant stage. We aim to keep clients updated by whichever method of contact suits them.

If you would like to understand the process in more detail, our page on how our solicitors help sets out each stage from first enquiry to resolution.

Workplace injury claims: frequently asked questions

Can I claim compensation if I was injured at work?

Yes, if your employer or another party failed to keep you reasonably safe. Employers owe their staff a duty of care and must provide safe systems of work, proper training, suitable equipment and a safe workplace. If that duty was breached and you were injured as a result, you may have grounds to claim for your injuries and financial losses.

Will I lose my job if I claim against my employer?

This is the worry that stops many people from claiming, and the law protects you here. Dismissing an employee because they brought a personal injury claim would be unlawful, and any employer doing so would face a tribunal claim alongside the injury claim. In practice most claims are handled entirely between solicitors and insurers, and your employer may have very little day to day involvement.

Does the claim come out of my employer's pocket?

No. Employers are legally required to hold employers' liability insurance, and a claim is met by that insurer rather than by the business itself. The policy exists precisely for this situation. That also means a claim does not put the company's finances at risk in the way people often fear.

What if the accident was partly my fault?

You may still be able to claim. If you contributed to what happened, perhaps by taking a shortcut or ignoring a procedure, your compensation is usually reduced to reflect your share of responsibility rather than refused. Employers sometimes raise this quickly, and it is worth testing rather than accepting, because a failure to train or supervise can shift responsibility back to the employer.

How long do I have to make a workplace injury claim?

For most personal injury claims in England and Wales, the limitation period is three years from the date of the accident, or from your later date of knowledge where that applies. Exceptions exist, including for children and for people who lack mental capacity to manage their own affairs. Industrial disease claims can work differently, so take advice early if your injury developed over time.

What if my injury developed gradually rather than in one accident?

Some of the most serious workplace conditions develop over months or years rather than in a single incident. Hand arm vibration syndrome, noise induced hearing loss, dermatitis and asbestos related conditions all fall into this category. Different rules can apply to limitation in these cases, so it is worth taking advice rather than assuming you are out of time.

Can I claim if I was working as an agency worker or contractor?

Often yes, though the position needs looking at carefully. Agency workers, sub contractors and workers on sites controlled by a principal contractor can all have claims, but identifying who owed the duty and who is insured can be more complicated. This is worth discussing early rather than assuming only your direct employer can be pursued.

What can I claim for after a workplace injury?

Compensation usually has two parts. The first covers the injury itself, including pain, suffering and the effect on your daily life. The second covers the financial losses the accident caused, such as lost earnings, treatment and rehabilitation, care and assistance, travel, and future losses where they can be evidenced.

Who provides the legal services

Injury Law Specialists is a marketing and advertising platform and is not a law firm or a provider of regulated legal services. All personal injury legal advice, legal services, casework, representation, legal support, and any free initial assessment or consultation promoted or arranged through Injury Law Specialists are provided by MB Solicitors, a trading name of MB Legal Solicitors Ltd.

MB Legal Solicitors Ltd is a company registered in England and Wales under Company Number 12281731. The firm is authorised and regulated by the Solicitors Regulation Authority (SRA) under SRA ID 8000764 and is a member of The Law Society. Injury Law Specialists does not itself provide legal advice or carry out reserved legal activities. Any solicitor-client relationship arising from an enquiry will be directly between the client and MB Legal Solicitors Ltd.

Read our Regulatory Information

Injured at work and not sure where you stand?

Tell us what happened and a member of our team can review your circumstances and explain the possible next steps. The assessment is free, there is no obligation to instruct us, and you will be speaking to someone who deals with these claims regularly.