Skip to content

General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

No Win No Fee

Think you have a claim? Time limits apply, so get a free case review from Edward & Amaury Solicitors today.

Start your claim

Accident at Work Claims

England & WalesLast reviewed 18 September 2026

If you are injured at work through your employer's failure to take reasonable care, you can claim compensation from your employer's insurer. Since 1 October 2013 you must prove negligence, and the health and safety regulations are used as evidence of the standard your employer should have met.

What to Do After an Accident at Work

The steps that protect both your health and any later claim:

  • Get medical treatment and tell the doctor it was a workplace accident
  • Report it to your employer and check it is written in the accident book
  • Photograph the scene, equipment and your injuries before anything changes
  • Get contact details for any witnesses
  • Keep records of lost earnings, travel and treatment costs

What You Must Prove

Direct Answer: You must show your employer owed you a duty of care, that they breached it by failing to take reasonable precautions, and that the breach caused your injury.

Before 1 October 2013, breaching many workplace safety regulations gave a free-standing civil claim. Section 69 of the Enterprise and Regulatory Reform Act 2013 removed that for accidents from that date, so a claim is now normally brought in negligence. The regulations, for example those on work equipment, manual handling and work at height, remain very important because a breach is strong evidence that the employer did not take reasonable care.

Employers are not automatically liable for every workplace accident. A genuinely unavoidable accident, or one caused solely by your own reckless act, will usually fail, and your own carelessness can reduce your compensation through contributory negligence.

Who Pays and What You Can Claim

Most employers must hold employers' liability insurance, and the insurer usually pays. Compensation covers pain, suffering and loss of amenity plus financial losses such as lost earnings, care costs and travel. You can claim even if you were on sick pay, because your loss is the underlying earnings, though benefits paid may need to be repaid through the Compensation Recovery Unit.

Frequently Asked Questions

Can I claim if I was injured at work?

Yes, if your employer's failure to take reasonable care caused your injury. Most employers hold insurance for exactly this, and the claim is usually handled by the insurer rather than your employer personally.

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

It should not affect your job: the claim is paid by your employer's insurer, not by them personally, and employers are expected not to treat you unfairly for making one. If you are worried, take advice before you start, particularly about any employment law protections and time limits.

What if I was partly to blame?

You can still claim, but a court can reduce your damages by your share of responsibility, called contributory negligence. Many accidents involve shared fault, so it rarely bars a claim altogether.

What if it was a colleague's fault?

Your employer is normally vicariously liable for negligence by other employees in the course of their work, so the claim is still against the employer and its insurer.

Do I have to prove my employer was negligent?

Yes. Since 1 October 2013 a breach of a health and safety regulation does not by itself give you a civil claim. You must show your employer failed to take reasonable care, though a breach of the relevant regulations is strong evidence that they did.

How long do I have to bring a workplace accident claim?

Generally three years from the date of the accident or, for an injury or illness that developed gradually, from your date of knowledge that it was significant and work-related. Different rules apply to children and people who lack capacity.

Can I make a workplace injury claim on a no win no fee basis?

Usually, yes. Most solicitors handle accident at work claims under a Conditional Fee Agreement, so you pay no solicitor fees if the claim fails, and QOCS normally protects you from the other side's costs. If it succeeds, a success fee capped at 25% of general damages and past losses is deducted from your damages.

You May Also Be Interested In

Employers' Liability

Workplace injury claims and your rights

Read more

Faulty Equipment Claims at Work

Injuries from defective work equipment

Read more

Manual Handling Injury Claims

Lifting, carrying and repetitive strain injuries

Read more

Employer Has No Insurance

Claiming when your employer is uninsured or insolvent

Read more

What Is No Win No Fee?

How CFAs work in England and Wales

Read more

More guides on this topic

Work-Related Stress Claims

A work stress claim needs a recognised psychiatric illness, not just unhappiness, caused by your employer's breach of duty.

Read more

Construction Accident Claims

Construction site accidents can involve several responsible parties: your employer, the principal contractor, the client or another trade.

Read more

Needlestick Injury Claims

A needlestick or sharps injury at work can support a claim if your employer failed to provide safer sharps, training or safe disposal, and you were…

Read more

Agency Worker and Self-Employed Accident Claims

Agency workers, contractors and gig workers can still claim for a work injury, but the right defendant differs.

Read more

Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Enterprise and Regulatory Reform Act 2013, s.69 (civil liability for breach of health and safety duties)

    For accidents from 1 October 2013, breach of a health and safety regulation does not by itself give a civil claim unless the regulation says so. A workplace injury claim must generally prove negligence, using the regulations as evidence of the standard of care.

  7. Employers' Liability (Compulsory Insurance) Act 1969

    Most employers must hold employers' liability insurance covering injury or disease to employees, so that a successful claimant can be paid.

  8. Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

    Employers must report specified serious workplace injuries, diseases and dangerous occurrences to the HSE. A RIDDOR report is useful evidence but does not decide civil liability.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

Reading the rules is the first step. Most claims have strict deadlines, and evidence is easier to gather the sooner you act. Tell Edward & Amaury Solicitors what happened and get a free, no-obligation review of your situation.

  • Free, no-obligation case review: you decide what happens next
  • Many claims are handled on a no win, no fee basis if the firm accepts your case
  • Takes about two minutes, and you can start with just the basics

Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.