How To Sue For An Accident At Work

You might be wondering how to sue for an accident at work; in order for you to be eligible, we must prove that negligence occurred. To do this, we have to establish:

Your employer owed you a duty of care
They breached this duty
Their breach led to your injuries

As an employee, you are owed a duty of care under the Health and Safety at Work etc Act 1974. Per this, your employer should take reasonable steps to ensure your safety whilst at work. They can do this through providing you with adequate training for your job role, as well as providing appropriate personal protective equipment where necessary, among other responsibilities.

If you would like a free initial consultation regarding your eligibility to claim, you can contact our advisors today. They can explore your options of how to sue for an accident at work, or offer support and free advice.

What Amount Of Accident At Work Compensation Can I Get?

The amount of accident at work compensation you could receive depends on a few factors, such as the type of injury you experienced or the severity of this injury. Additionally, compensation can be made up of two different heads of loss: general and special damages.

General damages are concerned with the physical and mental impact of your injuries. This can account for the pain, suffering and any loss of amenity caused, so if your day-to-day life has been affected, this will be taken into consideration.

Special damages, however, will only consider the financial implications of your injuries. This can include things like lost earnings, childcare costs or even travel expenses.

When calculating general damages, professionals can refer to frameworks such as the Judicial College Guidelines (JCG), a document that categorises injuries and provides guideline compensation brackets.

Our table below shows suggestive figures of compensation in successful accident at work claims. Please note that the first entry has not been taken from the JCG, and these are not a guarantee of compensation.

Injury	Compensation
Multiple Severe Injuries paired with Special Damages such as lost earnings	Up to £1,000,000+
Paralysis Tetraplegia (also known as Quadriplegia)	£396,140 to £493,000
Paralysis Paraplegia	£267,340 to £346,890
Brain or Head Injury Very Severe	£344,150 to £493,000
Brain or Head Injury Moderately Severe	£267,340 to £344,150
Brain or Head Injury Moderate	£183,190 to £267,340
Back Injury Severe (i)	£111,150 to £196,450
Back Injury Severe (ii)	£90,510 to £107,910
Neck Injury Severe (ii)	£80,240 to £159,770
Neck Injury Moderate (i)	£30,500 to £46,970
Leg Injuries Severe (iv) Moderate	£33,880 to £47,840
Hand Injury Total and Partial Loss of Index Finger	£14,850 to £22,870
Hand Injury Amputation of Little Finger	£10,550 to £14,940

For more information on how compensation is calculated in accident at work claims, you can contact our advisors.

Can I Sue For Special Damages After An Accident At Work?

Yes, you could sue for special damages after an accident at work, provided you hold evidence which demonstrates these financial losses. Evidence might include bank statements, payslips or invoices.

Below, we go into further depth about what special damages could include and how they are valued.

Loss Of Earnings

Current or future lost earnings could be valued in special damages. If your injuries have left you unable to work, this can have led to a loss of earnings, lost pension contributions, as well as other benefits such as bonuses or additional payments. These lost earnings can be calculated within special damages.

Medical Costs

Your injuries might now mean you require further medical treatment; in some cases, reconstructive surgeries might be needed. Additionally, you might now require different prescription medication to aid in the recovery of your injuries. These medical expenses can be valued when special damages are being considered.

Gratuitous Care

Suffering an injury after an accident at work might’ve meant you now need help with day-to-day activities. If a family member has had to take time off work to provide you with care, these lost earnings could also be claimed in special damages.

Rehabilitation And Recovery

The costs of recovery and rehabilitation can be expensive, particularly if you require physiotherapists or assistance with your mobility. Any costs associated with your recovery can form part of your special damages.

Home Or Car Adaptations

Some severe accidents at work can have left you with permanent mobility issues, now requiring home or vehicle adaptations. Things like stairlifts, wheelchair ramps or hoists can really assist with mobility recovery after suffering a workplace accident.

Travel Expenses

Costs of travel to and from hospital appointments can also be calculated and considered as part of special damages. We could also help you to apply for a taxi account for travel costs.

Can I Get Interim Payments When Suing For An Accident At Work?

You could be entitled to interim payments if you have immediate expenses. These are advance payments to help claimants deal with any pressing expenses, to prevent claimants from being at a financial disadvantage during the claims process.

Some claims can take a few months to conclude, and if you’ve been left out of work, you might worry about how to pay accommodation costs or just general life expenses. You could only be eligible for interim payments if either the defendant admits liability or if you have a high likelihood of a successful claim. This is due to the nature of these payments, as they are deducted from your compensation amount at the end of your claim.

By working with us at How To Sue, we could help you apply for these interim payments. Get in touch today to learn more.

How Long After An Accident At Work Can I Sue For Compensation?

You will have 3 years after an accident at work to sue for compensation. This time limit is established in the Limitation Act 1980, and states claimants generally have 3 years from the date of the accident to start their claim.

With this said, there are exceptions where the time limit might alter; for example, claimants under 18 at the time of the accident will have 3 years counted from the date of their 18th birthday. This is because minors cannot claim on their own behalf.

Additionally, those considered mentally incapacitated will have their time limit paused until a full recovery is made, where this is possible. Their time limit would then run from 3 years from their date of recovery.

In both situations, a litigation friend could be used. This is generally a trusted adult who handles the legal case on behalf of someone else who is unable to do so themselves. It comes with a few responsibilities, such as:

Acting in the claimant’s best interests
Updating the claimant about the case
Discussing the particulars of the claim with the claimant’s legal representatives

To find out if your claim still falls within the time limits, get in touch with us; our advisors can discuss this with you. If you’d like more information about claiming for someone else, contact us today.

Can I Sue With A No Win No Fee Accident At Work Solicitor?

Yes, provided that your claim satisfies the eligibility criteria, a No Win No Fee solicitor from our panel could help you sue for an accident at work.

Our panel of solicitors work on a No Win No Fee basis, by using a contract called a Conditional Fee Agreement. This type of contract means that you’d have no upfront payments for a solicitor to begin work on your case. It also means that you wouldn’t have anything to pay for your solicitor’s work as the claim progresses, and finally, if it were unsuccessful, you’d have nothing to pay for the work a solicitor on our panel completed on your case.

Adversely, if your claim were successful, then a small success fee would be deducted from your compensation. The percentage of this fee is limited in line with the Conditional Fee Agreements Order 2013, to ensure that you receive the majority of your compensation.

The solicitors on our panel have years of experience helping claimants in accident and work claims, and can help you get started today.

What Do I Need To Prove Negligence Caused An Accident At Work?

To prove that negligence caused an accident at work, you need evidence. These can be documents which help to demonstrate how your employer’s actions or inactions led to your injuries.

Evidence in accident at work claims could include:

Workplace accident report book, with a copy of the details about your accident
CCTV footage, if your accident was caught on camera
Medical evidence, such as your GP record, which could detail any prescriptions, diagnoses or treatment received after your workplace accident
Contact details of anyone who might’ve witnessed the accident, such as colleagues
Any documents detailing the training you have received

By working with us at How To Sue, a solicitor from our panel could assist you in gathering this supporting evidence. It can seem daunting to make a claim, which is why a solicitor from our panel would offer support and help through every stage.

What Are The Most Common Accidents At Work Examples?

There are a range of ways in which an accident at work can occur, but the most common include:

Slips, trips, and falls: These types of accidents accounted for 31% of all accidents at work reported between 2023 and 2024, showing how common they are. Slips, trips and falls can occur as a result of trip hazards such as trailing wires or damaged surfaces, such as tiling or flooring. They can also cause a variety of injuries, such as soft tissue damage or fractures.
Manual handling injuries: improper lifting techniques or inadequate training could lead to severe back or neck injuries.
Struck by a moving object: if loads are unsecured or loose, items which aren’t properly fastened onto pallets or shelves could cause a falling object injury. These types of accidents can cause a range of injuries such as brain injury, leg injuries or even broken bones.
Falls from height: Working in the construction sector can pose a risk of falls from height. For example, if scaffolding isn’t properly erected, this could potentially result in employees falling, suffering a broken leg or arm as a result.
Machinery injuries: if machinery is defective or old, and hasn’t been checked, this could result in crush injuries, causing amputations or, in some severe cases, multiple broken bones and loss of limbs.

These aren’t the only ways in which a workplace accident can occur. If you’ve had a different type of accident at work, contact us today. Our advisors can provide a free case check to discuss the validity of your claim.

If I Sue My Employer After An Accident At Work, Can I Be Sacked?

If you sue your employer after an accident at work, you cannot be sacked for making a claim against them. You have the right to make a compensation claim if negligence took place.

However, if you contributed to your accident or injury in any way, they could fire you for your reckless behaviour, but not for making a claim against them.

We understand it can feel daunting to make a claim against your employer, but if you have injuries due to someone else’s negligent actions, you have a right to be compensated; if you’re worried about being fired after starting your claim, call us today. Our advisors can discuss all the available options and explore your own personal situation.

Will I Be Entitled To Sick Pay After An Accident At Work?

Yes, you could be entitled to sick pay after an accident at work. Depending on your place of employment, you might be eligible for contractual sick pay if this is stipulated in your contract of employment.

If your employer doesn’t offer contractual sick pay, you could still be eligible for Statutory Sick Pay (SSP). For you to qualify for SSP, you must:

Be considered an employee
Earn on average £125 a week
Have been ill for more than 3 days in a row

If you’d like to ask any questions about how sick pay works, you can reach our advisors by calling us today.

Will Working In A High Risk Industry Make Me Ineligible To Sue For An Accident At Work?

Working in a high-risk industry will not render you ineligible to sue for an accident at work. Regardless of whether you work in a high-risk or low-risk industry, your employer still has a duty of care to take reasonable steps to ensure your safety, and if they fail to do so, you may be able to claim if this caused you to become injured.

In higher-risk industries, such as chemical manufacturing, agriculture, or construction, your employer may need to conduct extensive risk assessments, additional checks, or more frequent machinery inspections to ensure your safety.

Despite your employer’s responsibilities, some risks can’t be eliminated, but they can be reduced and controlled, preventing the chance of injury even in high-risk industries.

If you’ve been injured in a high-risk industry, contact our advisors today to learn how to sue for an accident at work. Our advisors are available 24/7 to explore the options available to you.

What Can How To Sue Help Me With?

Here at How To Sue, the solicitors on our panel could help you throughout the accident at work claims process. Additionally, some of the services they could provide include:

Regular updates about your claim’s progression
Clear and concise advice
Working alongside you to develop a recovery plan that suits your needs
Negotiating a suitable settlement that reflects the pain you have experienced
Support with gathering evidence to strengthen your claim
Helping you to apply for interim payments

This isn’t all that we can help with; if you’d like to learn how to sue for an accident at work, contact us using the details below. Our advisors can answer any questions you might have and explain anything you’re unsure of.

Contact Us

Calling us on 0800 408 7827
Filling out our online claim form
Using our live chat

More Information

How to sue a former employer for an accident at work
Broken foot injury at work
How to sue for a self-employed accident at work

Helpful External Resources

Learn more about how to claim Statutory Sick Pay from GOV.UK
Guidance on returning to work after time off from the Health and Safety Executive
NHS guidance on when to call 999

Thank you for reading our guide about how to sue for an accident at work.

Advice On How To Sue For An Accident At Work

A Guide On How To Sue For An Accident At Work

What You Need To Know

Jump To A Section