Workplace Injury Claims

Employers have a legal duty to provide a safe working environment. If you were injured at work because your employer failed in that duty — through inadequate training, faulty equipment, or unsafe practices — you may have a valid employers' liability claim.

Eligibility

A workplace injury claim requires you to show: (1) your employer owed you a duty of care (all employees are owed this), (2) the employer breached that duty, and (3) the breach caused your injury. Common bases include failure to carry out a risk assessment, failure to provide PPE, defective equipment, and inadequate manual handling training. Claims must normally be brought within 3 years of the injury date.

Indicative compensation ranges

General damages for workplace injuries are assessed using the Judicial College Guidelines. Ranges vary widely by injury type and severity. Special damages can include lost earnings, medical costs, and the cost of ongoing care or rehabilitation.

Severity / type	Range (general damages)	Characteristics
Hand/finger: minor injury	£900 – £4,620	Lacerations, minor fractures, full recovery
Back: soft tissue (moderate)	£2,300 – £7,890	Soft tissue, disc injury, prolonged recovery
Shoulder: moderate	£7,890 – £12,770	Dislocation, soft tissue, partial recovery
Knee: moderate	£14,840 – £26,190	Torn cartilage, minor instability, some ongoing issues
Leg: serious	£39,200 – £54,830	Multiple fractures, long recovery, potential permanent effects
Loss of hearing (total, one ear)	£31,310 – £45,540	Total deafness in one ear from noise exposure

Time limits

For most workplace injuries, you have 3 years from the date of the accident to bring a claim. For industrial diseases (e.g., noise-induced hearing loss, mesothelioma, vibration white finger), time runs from the date of diagnosis or date of knowledge — not the date of exposure, which may be decades earlier. Always seek legal advice promptly, especially for disease claims.

The claims process

Report the injury to your employer and ensure it is recorded in the accident book
Seek medical treatment and keep records of all appointments and expenses
Your solicitor investigates liability: reviewing risk assessments, training records, and maintenance logs
A medical report is obtained from a specialist
Your solicitor submits a Claim Notification Form and enters pre-action protocol
Settlement negotiations or court proceedings follow

Frequently asked questions

Can my employer dismiss me for making a claim?

No. Dismissal for bringing a genuine personal injury claim constitutes unfair dismissal and is unlawful. Your claim is made against your employer's employers' liability insurance, not personally against your employer.

What if I am self-employed?

Self-employed workers generally cannot bring an employers' liability claim against themselves, but may have claims against occupiers of premises they work on, or against contractors or clients who owed them a duty under the Occupiers' Liability Act or general negligence principles.

My employer has gone out of business — can I still claim?

Possibly. Employers are legally required to hold employers' liability insurance. If the insurer can be traced, a claim can often still be made. The Employers' Liability Tracing Office (ELTO) database can help locate historic insurers.

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