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What should I do after I’ve had an accident at work?

If you’ve been injured in an accident at work, it can be a distressing and confusing time. Of course there’s the pain and difficulties caused by your injuries, but these can bring with them additional worries – such as how will my life and income be affected? And what should I do?

In the 12 points below, we’ve set out clear, positive steps you can take after your workplace injury. These are intended to both help your recovery and put you in the best possible position should you later decide to claim compensation for your accident at work.

1. Focus on your health

This is by far the most important thing that you should do.

In the immediate aftermath of the accident, you should have been treated by your workplace’s first-aider. If not, this could represent a failure on your employer’s part as every workplace is legally obligated to have a first aid kit and a designated first aider.

You should then get a full assessment of your workplace injuries – by a suitably qualified medical practitioner – as soon as possible after the accident.

Some kinds of injuries can seem minor at first, but develop later into something more serious. Head injuries, for example, can take hours, or sometimes even weeks, to fully appear. And in the worst cases even a minor injury can become a lifelong condition without proper treatment.

The golden rule is: after an accident, never put your work or anything related to a possible claim before your own health and wellbeing.

2. Report the accident to your manager

You must tell your manager about the accident, following your organisation’s accident reporting procedures.

If you have suffered a serious accident at work, then your employer is legally obliged to report the accident to the Health and Safety Executive (depending on the precise circumstances and the time that you need off work).

Additionally, in many organisations, you could be in breach of the staff manual/procedures if you do not report your accident at work appropriately.

The question of who is to blame for the accident is best avoided at this stage. Even if you blame yourself, or if your manager blames you for the accident, this does not mean your employer is not legally responsible for the accident happening. The question of fault is best assessed by qualified solicitors with expertise in evaluating liability for accidents at work.

3. Ensure your accident is recorded in the accident book

Every organisation should have an accident book. Some employers may be reluctant to record an accident in the accident book, usually because of performance targets to reduce workplace accidents and injuries.

It is crucial that you do not allow an accident to go unreported in this way. Whilst some workplaces may brag about the number of the days in which there hasn’t been an injury, you should not let this put pressure on you to let your accident to go unreported.

Reporting an accident is an important duty, and it might help to avoid similar injuries from happening.

If your employer refuses to record the accident in the accident book, then you should write to, or email, your employer so that there is written confirmation of you trying to report the accident. Your employer cannot delete one of your sent emails, particularly if it is from your personal email account.

If your employer still refuses to record the accident in the accident book, then this may be sufficient grounds to resign and claim for constructive dismissal. However, before resigning or taking any other such action, you should seek legal advice from a specialist employment law solicitor. Resigning is a major step.

4. Tell your colleagues about the accident and get their help

If you were working alone at the time of your accident at work, ensure your colleagues are made aware of the incident. In particular, tell the co-workers whom you trust the most about your accident.

Making your colleagues aware of the accident is a good step for two keys reasons:

1. It can help to avoid similar workplace injuries from happening to anyone else.
2. It can help in any investigations or if you later decide to claim compensation.

The first of these is self-explanatory – it is morally right to warn others about the hazards which led to your workplace injury.

The second will make it much more difficult for your employer or their insurers to dispute that the accident occurred, something which, unfortunately, can often happen.

Also, depending on your injuries, you may be off work for some time after your accident. It is during this immediate post-accident period that an employer may make changes to equipment and systems of work in response to your workplace injury. Whilst this is often to improve safety, sometimes it may be done to ‘cover up’ what happened.

And if your employer chooses this time to carry out an investigation into the accident, your relation of the facts could easily be ‘overlooked’ whilst you are away.

It is important to bear in mind that employers can put a lot of pressure on their employees. They may be able to persuade more suggestible workers to deny the accident happened. This sounds awful, but the simple fact is, that ensuring there is ‘bulletproof evidence’ that your workplace accident occurred, is the best way to prevent your employer or their insurers from denying that it happened.

All of this is why having some trusted colleagues on your side can be so helpful. They can ensure that the true facts of the incident are recorded and can keep you updated on any changes your employer may make in your absence.

5. Take photos and video evidence

This follows on from the point above about ‘bulletproof evidence’.

Photos and videos of the accident location, as soon after the accident as (safely) possible, can be compelling evidence. It can support a compensation claim, if you later choose to make one, or could help you to defend yourself from any bogus accusations a dishonourable employer may make.

After an accident at work you should act like a Crime Scene Investigator!

Remember: you can never have too much evidence. Work on the basis that: if in doubt, record it. No accident at work solicitor will criticise you for taking multiple photos or videos of the accident location. It’s the smart thing to do.

6. Go to your GP and/or hospital as often as you need

You may have already been to see your GP or gone to hospital about your injuries. You may be making a good recovery. Even so, I would recommend that you attend your GP or hospital as many times as you see fit. Listen to your body.

If, for example, you only sought medical attention once (at the time of the accident), most medical experts will consider that your injuries only lasted a few months. This is because, in their minds, if an injury is causing serious, longstanding problems then the injured person would have sought further medical attention.

If this is incorrect then such an impression can seriously undermine your claim. It is the medical expert who essentially determines the extent of your workplace injury – based upon their medical opinions. It is not you or your personal injury solicitor.

To find out more about medical examinations carried out to support a personal injury claim, read our article here.

And what newspapers and the government don’t tell you is that, if you are successful with your accident at work claim, then all your medical costs incurred by the NHS will be paid for by your employer’s liability insurance. So successful personal injury claims are good for society.

7. Keep a diary of all your symptoms

It’s hard to overstate how important it is for you to keep an up-to-date record of your symptoms – whether this is on paper, on a computer, or on your smartphone.

Doctors and nurses do not always note down all details of your symptoms. Time and again, our clients tell us that, at the time of their accident at work, they had multiple injuries, yet the hospital only concentrated on what they regarded as the most serious at the time.

However, in my experience, the passage of time can easily flip injuries on their head. What may seem the most minor part of your workplace injury immediately after it happened can turn into a long-term, debilitating condition – perhaps the most significant injury.

And if a doctor or nurse didn’t record this minor injury at the time of the appointment, then a medical expert – writing a report some months or even years later – will find it difficult to attribute the injury to your accident at work.

In addition, personal injury claims can take several years to resolve, particularly when the injuries are complex and long-lasting. Memories naturally fade over time, so a helpful diary of symptoms will assist you in explaining the impact of your accident at work to the medical expert.

Alternatively, if you don’t want to write a diary, you could record video footage of you discussing your symptoms.

8. Record your expenses and losses

The purpose of compensation in an accident at work claim is to put you back in the position you would have been in if the accident hadn’t happened. Each case is different. If, say, you lost pay as a result of the accident, then you should be able to recover all lost pay. Similarly, if you have lost the chance to earn a bonus or a promotion, then all those future losses should be recoverable too. You can use the free form in our Legal Library to record your expenses.

In addition, you can usually claim for all kinds of other losses, some examples are:

• The loss of enjoyment of a prearranged holiday
• Care and assistance from friends and family (our Legal Library also contains a free form to help you record this)
• Increased heating bills
• Travel expenses – e.g. to medical appointments or treatment sessions

And this list only scratches the surface. For more details on the many other kinds of loss you can include in a personal injury claim, download our free eBook: The Ultimate Personal Injury Compensation Guide.

Recording your losses as they occur means that you don’t forget about any of them. As mentioned above, a personal injury claim for an accident at work may last some years – so it’s best to note down anything you’ve lost or paid out due to your accident or injuries as you go. It doesn’t matter if it’s on paper, a computer, or your smartphone, just record your losses so that you don’t miss them out of your claim.

Being able to prove your losses is also crucial – so keep any evidence you have for them. You can take photos of your receipts and send them to your personal injury solicitor.

9. Consider submitting a grievance

A grievance is a formal complaint about a problem in your place of work.

If you have suffered a workplace injury because of, say, defective equipment, a slippery work surface, or because you had to manually lift too heavy a weight, you have the right to complain to your employer about it. This is the case even if there has already been an accident investigation.

If your submitted grievance is written properly, your employer ought not to hold it against you, and it may help to improve conditions in your place of work.

However, it is important to be aware of your employment rights in case your employer does not respond appropriately to your grievance. If your employer does not properly investigate your grievance, and you resign as a result, this might be grounds for a constructive dismissal claim (though you should seek dedicated employment law advice before resigning).

Also, if your employer treats you unfavourably because of your grievance, you may have grounds for a whistleblowing claim under employment law.

10. Submit a Subject Access Request

Submitting a Subject Access Request allows you to ask for copies of all the information which your employer has about you. This includes all emails in which you are mentioned as well your personnel and occupational health files.

As you can imagine, this can reveal information about your accident at work which may not have been sent to you beforehand. If you wish to know what information your employer has about you – whether out of curiosity or because you think it will assist any future compensation claim – then a Subject Access Request can be very useful.

If you are thinking ofsubmitting a Subject Access Request, you should do so before you make any accident at work claim. This is because, once a claim has commenced, an employer might argue that they don’t have to fully comply with the request. The rules on disclosing information during a personal injury claim are much more restrictive than the wider provisions of the Data Protection Act 2018 (which covers Subject Access Requests).

You can find out more about how to submit a Subject Access Request on the Information Commissioner’s Office website. The Information Commissioner regulates compliance with the Data Protection Act 2018 and GDPR.

11. Remember that you have a time limit to make a claim

If you are thinking of making a claim for your workplace injury, it is crucial to remember that you only have a certain amount of time to do so.

For most accident at work claims, you will need to settle the claim or begin court proceedings within 3 years of your accident. If you do not, you may be prevented from claiming any compensation for it.

That deadline can creep up fast, so my recommendation would be: if you are wondering about a claim at all, seek advice as soon as you can.

12. Speak to a specialist accident at work lawyer, not a call centre operative

You should always make sure any legal advice you get is from the best possible source. That means expert personal injury lawyers with experience of running successful accident at work claims.

Because most accident at work compensation claims are run on a ‘No Win, No Fee’ basis, the hourly rate your lawyer would usually charge isn’t a factor. So why use a paralegal and not a qualified specialist?

If you do decide to make a claim, make sure that you are using legal representatives that you trust. Often, an insurance company or union will select solicitors for you, but it is your case, and you are entitled to choose a firm of solicitors that you trust.

And if you are currently making a claim through a firm you aren’t happy with. Why not switch solicitors so that you get the service that you deserve? Truth Legal has a history of successful personal injury claims taken over from other lawyers who weren’t doing a good job.

If you have been injured in an accident at work, Truth Legal’s team of specialist personal injury solicitors can help you.

Contact us for a free consultation with no pressure or obligation on you to proceed further.

Accidents at Work FAQs

How long after a work accident occurred can I make a claim?

There are time limits in place regarding any accident at work claims. In the majority of cases, you have a limit of three years in which to make a claim. This period runs from the date of the accident itself or, from three years after you discovered the injury or illness was a result of an accident or working conditions.

The general exceptions to this three year rule are:

• If you were under 18 at the time of the accident. In cases like this, the three year period will start from the date of your 18th birthday up to your 21st birthday.
• If you suffered a brain injury at the time of the accident which meant that you were not able to make a claim due to being ‘mentally incapacitated’
• If you were working overseas at the time of the accident at work

In some cases the fact that an accident was caused by negligence may come to light some time after the accident, i.e. if a piece of safety equipment is later found to be faulty. If this happens then the 3 year limit will run from the date on which the negligence becomes apparent.

Although there is a 3 year legal limit on accidents at work claims we always recommend starting a claim as soon as possible after an accident takes place. The details of the accident and the impact of the injuries will still be fresh in your mind and those of any witnesses, making it easier to build a strong case. 

How long does the claim process take?

The time it takes for the accident at work claim process varies depending upon the details of the case. Here at Truth Legal we always aim to get compensation for you as quickly as possible, but factors which could impact upon the time taken include:

• How long it takes for the evidence to be pulled together.
• Whether your employer accepts responsibility and admits negligence when we contact them, or chooses to fight the claim.
• The length of any negotiation process once a compensation offer has been made.
• If a court case is needed, there may be a delay while we wait for a court space.

All of these factors underline the need to start any accident at work claim as soon as you possibly can. In some more complex cases you may be entitled to interim payments to cope with costs caused by your injuries until the claim is settled. Any interim payments will then be knocked off the final settlement amount.

Your accident at work claim could be settled in 6-9 months if your injuries are relatively minor and liability is admitted, or it could take 18 months or longer if your injuries are more complex. Factors which will prolong the process include the need for multiple medical examinations to establish future care needs, and having to settle a claim in court.

We always work to reach a fair settlement as quickly as possible, and will keep you updated with our estimate of the likely timescale throughout the process.

Who pays out for my claim?

If your accident at work compensation claim is successful, then the compensation will be paid through Employer’s Liability insurance. Your employer has a legal duty to take out insurance of this kind with cover of at least £5 million. This means that you can make your claim without worrying that it will leave your employer and the wider business out of pocket.

Will I be required to undergo medical evaluations as part of the claim process?

In most accident at work cases, you will need to attend a medical evaluation at least once. This is so that we can assess your condition and gain the clearest possible picture of the injuries you’ve received, their impact on your well-being, and the prognosis for recovery.

Will any personal work-related insurance policies I have for protection be factored into a claim?

No, personal work-related insurance policies are designed to protect you and your dependants in the event of an accident at work whether negligence has taken place or not. Accident at work compensation is only paid if your employer was in some way responsible for your accident.

Can I make a work accident claim via CICA?

There may be some cases in which you are injured  at work through an assault, but your employer was not in any way negligent. In cases such as this you could make a claim for compensation for your injuries to the Criminal Injuries Compensation Authority (CICA).

Claims of this kind depend upon you having suffered a physical or psychological injury as a direct result of a violent crime. If you feel that your employer’s negligence did play a part in the assault taking place, you can also pursue a personal injury compensation claim for negligence against them. In the case of two claims, however, you will only be compensated once.

If you want to make a claim to CICA, get in touch with the team at Truth Legal and we’ll explain how the process works.

Will I need to pay any upfront costs for a solicitor?

No, you won’t have to pay up front costs for a solicitor when you make an accident at work claim. We work on a no win no fee basis. This means the following:

• You don’t have to pay anything up front when starting the process.
• We only take a ‘success fee’ to cover our costs if you are awarded compensation.
• You get to keep the majority of any compensation awarded.

What is Vicarious Liability?

If you are injured in an accident at work, as a result of another employee’s actions whist in the course of their employment, you have the ability to hold your employer responsible. This is known as “Vicarious Liability”.

Making a claim against your employer has the distinct advantage over claiming against fellow employees, as your employer must be insured against workplace accidents by law. This means you can be assured that your employer has the money to pay out if your claim is successful.

Can I make simultaneous claims for multiple injuries?

Yes, you can make simultaneous claims for multiple injuries. We deal with every kind of accident at work claim, and we’re used to advising clients who have suffered multiple or major injuries.

Multiple injury compensation will cover the impact of injuries in terms of the pain and distress caused and the impact on your ability to live your life as you previously did. It will also be calculated on the basis of the financial costs of living with multiple injuries, such as medical bills, home and vehicle modifications and the cost of care.

What needs to be legally proven to win my claim?

In simple terms, the things which need to be proven to win your accident at work claim are as follows:

•         You have been involved in an accident at work.
•         That accident directly led to the injuries you have suffered.
•         Your employer behaved negligently in a way which caused or contributed to the accident happening.

What evidence will help my claim be successful?

The evidence which will help your accident at work claim to be successful includes the following:

• Copies of medical reports detailing your injuries. This should start when you seek medical attention immediately following the accident.
• Copies of the accident report as it appeared in your employer’s accident book. If there is no accident book at your workplace, you should email an account of the accident to your employer in order to create a detailed written record of what happened.
• Statements taken from any witnesses who were present when the accident at work happened.
• If you can, take photographs of the scene of your workplace accident, and of any faulty equipment, PPE etc. which you feel helped cause the accident.
• If your workplace has CCTV cameras in place, request any footage of the accident as it happened.
• Details of any health and safety training you’ve been given, or the fact that such training has been missing or inadequate.
• Wider documentation on the health and safety regime in your workplace, including aspects like risk assessments, equipment inspections and maintenance programmes.
• Details of any previous accidents at work which might point to a track record of negligence.
• A journal detailing your own account of the accident and the impact of your injuries on your ability to work and your day-to-day life.
• Accounts of any expenses directly arising from your injuries. Keep the receipts for payments such as medical bills, prescription charges and travel costs, and record any loss of earnings experienced.
• Copies of any correspondence exchanged with your employer after the accident at work.

What issues and circumstances may result in an unsuccessful claim?

An accident at work compensation claim could be unsuccessful because your employer can show that they were not negligent. It may also fail if the evidence presented isn’t strong enough, or if you opt to pursue compensation without working with experts like those at Truth Legal.

If the claim is taken to court, then the interpretation of the judge in question will also have an impact.

If we work on your compensation claim, we’ll do everything we can to present the strongest possible case and give you the maximum chance of being successful.

Can I appeal or take any next steps if my claim is unsuccessful?

Yes, you can appeal if your claim is unsuccessful, but only if you have legal grounds for doing so, such as:

• The judge in the case applied the law incorrectly.
• The judge in the case ignored or misunderstood vital evidence.

You can also sometimes appeal if you feel that there is new evidence which supports your compensation claim. Once again, there are strict rules in place, stating that any new evidence meets the following criteria:

• The evidence couldn’t have originally been obtained through reasonable diligence.
• The evidence would have had an important influence on the original trial.
• The evidence is credible.

Most appeals have to be filed within a timeline of 21 to 28 days after the original judgement. An appeal of this kind can be pursued on a no win no fee basis, but the complexity of the process, and that fact that you may run the risk of having to pay legal costs for the other parties, means that you should discuss the option fully with the experts at Truth Legal before making any decisions.

Can I still claim if I am still fit for work after the accident?

Yes, you can still make a claim for compensation if the accident leaves you fit for work. Your injuries could have a major impact on your life without stopping you working.

Can I return to work after my claim?

Yes, you can return to work after a claim. One of the main objectives of accident at work compensation is that you should be able to live your life as you did before the accident happened.

Can I be disciplined for dismissed from my work if claiming against a present employer?

No, you can’t be disciplined or dismissed from work for claiming against your present employer. If you are sacked after making a claim of this kind, then the law states that you’d be able to make a further claim for wrongful dismissal, and the team at Truth Legal would be happy to help out.

Can I still claim if the accident was fully (or in-part) my own fault?

If the accident at work was fully your fault, you won’t be able to claim compensation because your employer won’t have been guilty of negligence. In some cases, however, you may have been partly to blame for an accident which your employer was also partly to blame for.

If you were 25% to blame for an accident at work, then the compensation you receive would be cut by 25%. As long as your employer was in some way negligent as far as their duty of care to you was concerned, and this negligence contributed to the accident at work, you may be able to claim for compensation.

What If I Have Been Injured By a Colleague in My Workplace?

If you are injured by a colleague in your workplace then any compensation claim will still be made against your employer. Under a legal principle called Vicarious Liability an employer can be held responsible for the actions of their employees while at work.

This means that you could claim compensation from your employer if you suffer injuries in an accident that was caused by the negligence of another employee, and any payment made will be covered by your employer’s liability insurance.

Can I still make a claim if I work in a high-risk industry?

Yes, you can still make a claim if you work in a high risk industry, such as construction or transport. The principle is the same – your employer has a duty of care to make sure your working environment is as safe as it can be. If they fail in this duty of care, then they may have been negligent.

Can I make a claim if on a zero hour contract or as a temporary employee?

Yes, you can make a claim if you are on a zero hours contract or working as a temporary employee. You can also claim if you are a third-party employee, contractor, or consultant. In all cases your employer has a duty of care to provide the safest possible working environment, irrespective of your employment status.

Does the HSE need to be involved to investigate my claim?

No, the HSE doesn’t need to be involved to investigate your claim, although your Truth Legal solicitor may refer to the HSE when pointing out the ways in which your employer may have been negligent.

Can I change solicitor or legal representation during my claim?

Yes, if you’re not happy you can change your solicitor or legal representation during your claim. Once you instruct a new solicitor to take over your accident at work claim they will write to your previous solicitor requesting a copy of your files.

Your previous solicitor will release these files on the understanding that they will be able to claim their costs when the claim has been concluded. This will happen on a no win no fee basis if that was the arrangement previously in place.

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