Workplace Injuries — 14 Frequently Asked Questions
Employers in England and Wales owe their staff a legal duty of care under the Health and Safety at Work etc. Act 1974, and almost all employers must hold employer's liability insurance to cover injury claims. If you were hurt at work because of unsafe equipment, inadequate training, or a failure to follow safety procedures, you can generally claim — regardless of whether you're permanent, temporary, or agency staff.
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Can I claim if I was injured at work?
Yes, if your employer breached a duty of care they owed you — for example, by failing to maintain safe equipment, provide proper training, or follow health and safety rules — and that breach caused your injury.
Will I get sacked if I claim against my employer?
Dismissing or victimising an employee for making a genuine personal injury claim, or for raising a health and safety concern, is unlawful. Employers carry insurance specifically to cover these claims, so a claim isn't a personal financial attack on your employer.
What if I was injured because I didn't follow safety procedures?
You may still be able to claim, though your compensation could be reduced for contributory negligence if you ignored clear instructions or training. Employers still have a duty to provide a safe system of work regardless.
Can I claim for a repetitive strain injury (RSI)?
Yes, if it developed because your employer failed to assess the risks of repetitive tasks or provide reasonable measures like breaks, ergonomic equipment, or job rotation, under the Health and Safety at Work etc. Act 1974 and related regulations.
What about industrial diseases like asbestosis or hearing loss?
These "disease" claims work differently from single-accident claims — they often involve exposure over years, sometimes with several employers, and different time limit rules based on when you first knew (or should have known) about the illness.
Can I claim if I'm self-employed or a contractor?
It depends on who controlled the work and the premises. If a site owner or main contractor failed in their duty of care towards you while you worked there, you may still have a claim against them even without an employment relationship.
What is employer's liability insurance?
UK law requires almost all employers to hold employer's liability insurance, which covers compensation claims from employees injured at work. This is why claiming doesn't come out of your employer's own pocket.
Can I claim if I was injured during a work night out or work event?
Potentially, if the event was organised or effectively controlled by your employer and the injury resulted from a lack of reasonable care — for example, unsafe transport arranged by the company — though this depends heavily on the specific facts.
What if my employer has gone out of business?
Their employer's liability insurance should still respond to the claim even after the company has ceased trading, since the insurance covers incidents that happened while the policy was active, not just currently-operating businesses.
Can I claim for stress or bullying at work?
Work-related stress claims are difficult but possible, typically requiring evidence that your employer knew (or should have known) you were at real risk of psychiatric injury and failed to take reasonable steps to prevent it.
What is a RIDDOR report, and do I need one to claim?
RIDDOR (the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) requires employers to report certain serious workplace accidents to the Health and Safety Executive. A RIDDOR report is useful supporting evidence but isn't required to bring a claim.
Can temporary or agency workers claim for workplace injuries?
Yes — agency workers are owed the same duty of care as permanent staff by whoever controls the workplace, which may be the agency, the host employer, or both, depending on the circumstances.
What if I was injured using faulty work equipment?
Employers have specific duties under the Provision and Use of Work Equipment Regulations 1998 to ensure equipment is suitable, well-maintained, and used only by trained staff — a failure here strengthens a claim significantly.
Can I claim for an accident on a construction site?
Yes, construction site claims often involve additional layers of responsibility (the employer, the principal contractor, and sometimes the site owner) and specific regulations covering scaffolding, working at height, and site safety.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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