Workplace Injuries: Your Employer’s Responsibilities and Your Rights
If you’ve been injured at work, you may be entitled to compensation — and your employer may have failed in their legal duties. This guide explains what employers are required to do to keep workers safe and what to do if you’re hurt on the job in England and Wales.
Your employer’s duty of care
Employers are legally required to take reasonable steps to protect the health, safety and welfare of their employees under the Health and Safety at Work etc. Act 1974. This includes:
- Providing a safe workplace and working environment
- Ensuring equipment and machinery are safe and properly maintained
- Carrying out risk assessments and reducing hazards
- Providing adequate training and supervision
- Supplying appropriate protective equipment (PPE)
- Reporting and recording workplace accidents
Common workplace accidents and injuries
- Slips, trips and falls
- Manual handling injuries (e.g. back strain)
- Falls from height
- Injuries from machinery or tools
- Crush injuries or entrapment
- Exposure to harmful substances
- Burns, electric shocks or chemical exposure
- Repetitive strain injuries (RSI)
- Violence or harassment in the workplace
- Stress-related illness due to employer negligence
What to do if you’re injured at work
- Seek medical attention – Even minor injuries should be assessed and recorded.
- Report the accident – Inform your employer or supervisor as soon as possible. Ask for it to be recorded in the accident book.
- Gather evidence
- Take photos of the scene and your injuries
- Get contact details of any witnesses
- Keep records of all medical treatment and expenses
- Contact a solicitor – An experienced personal injury lawyer can assess your case and advise you on compensation.
Can I claim compensation?
Yes — if your injury was caused by your employer’s failure to keep you safe, you may be able to bring a personal injury claim. You must usually prove that:
- Your employer breached their duty of care
- This breach caused your injury
- You suffered a loss (physical, financial, or emotional)
Time limits
You normally have 3 years from the date of the accident (or the date you became aware of the injury) to start a claim.
There are some exceptions for children and people lacking mental capacity.
What can I claim for?
- Compensation for pain, suffering and loss of amenity
- Loss of earnings (including future earnings)
- Medical and rehabilitation costs
- Travel expenses
- Care and support needs
- Home adaptations or equipment
Can I be fired for making a claim?
No — it’s unlawful for your employer to dismiss or penalise you for asserting your legal rights. If this happens, you may have an additional claim for unfair dismissal or victimisation.
Do I need to prove fault?
In most cases, yes — but certain workplace regulations create “strict liability” where fault isn’t necessary (e.g. defective equipment or lack of PPE). Your solicitor can explain how the law applies to your case.
Accidents involving other workers
If a colleague caused your injury, your employer may still be liable under the principle of “vicarious liability.” They are responsible for their employees’ actions while at work.
Employer’s insurance
All employers must have Employers’ Liability Insurance. If your claim succeeds, compensation is paid by the insurer — not directly by your employer.
Making a claim
- Get legal advice from a personal injury solicitor
- They will investigate your claim and notify your employer’s insurer
- Medical evidence will be obtained
- The insurer may offer to settle, or the case may go to court
Most claims are handled on a “no win, no fee” basis, and settled out of court.
Disclaimer
This article provides general information about workplace injury claims in England and Wales as of April 2025. It is not legal advice, and laws can change. Your individual circumstances may affect how the law applies to your situation.
Injured at work?
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