Common Types of Workplace Accident Claims
Your Employer's Duties
An employer owes a non-delegable duty of care to every employee. The key legislative framework includes:
- Health and Safety at Work Act 1974 — the overarching duty on employers to ensure the health, safety, and welfare of employees so far as is reasonably practicable
- Management of Health and Safety at Work Regulations 1999 — duty to carry out risk assessments and implement preventive measures
- Employers' Liability (Compulsory Insurance) Act 1969 — employers must hold Employer's Liability insurance covering employees' injury claims
- RIDDOR 2013 — employers must report certain categories of workplace accidents (fatal accidents, specified injuries, over-7-day incapacitation) to the Health and Safety Executive (HSE)
An employer cannot avoid liability by delegating safety responsibilities to a subcontractor, manager, or safety officer — the duty is personal and non-delegable. Vicarious liability applies where one employee injures another in the course of employment.
Frequently Asked Questions
Will I lose my job for claiming against my employer?
No. Dismissing or disadvantaging an employee for bringing a workplace injury claim is automatically unfair dismissal and victimisation — separately actionable claims in the Employment Tribunal. In practice, your claim is handled by your employer's Employers' Liability insurer, not your employer directly. Most employers instruct their insurer to manage the claim without the employer's direct involvement. A solicitor handles all communications with the insurer.
What if I was partly at fault for my workplace accident?
Contributory negligence reduces your damages but does not extinguish your right to claim. For example, if you were found 25% at fault, your damages are reduced by 25%. Common contributory negligence arguments by employers' insurers include: failure to follow safety training, removing safety guards, using equipment incorrectly, or not reporting a known hazard. A solicitor challenges these arguments using risk assessments, training records, and the accident book.
I am self-employed — can I still claim?
Possibly. The relevant question is not your employment status but who owed you a duty of care. The occupier of the premises owes a duty of care under the Occupiers' Liability Act 1957. If you were working alongside or under the direction of a main contractor, they may owe you a common law duty of care. For construction projects, the CDM Regulations 2015 impose duties on clients, principal designers, and principal contractors regardless of the subcontractor's employment status. A solicitor analyses all potential defendants.
The accident was not recorded in the accident book — does that matter?
Non-entry in the accident book does not prevent a claim, but it makes it more complex. A solicitor gathers alternative evidence: witness statements from colleagues, CCTV, medical records showing the injuries were consistent with a workplace accident, HSE RIDDOR reports, and the claimant's own contemporaneous records. An employer's failure to maintain the accident book is itself evidence of a poor safety culture. Contemporaneous records from the injured worker (photographs, messages, diary entries) are particularly valuable.
Can I claim for an industrial disease caused by a previous employer?
Yes. Industrial disease claims — mesothelioma, industrial deafness, HAVS, asbestosis — can be brought against former employers even where the company no longer exists. A specialist solicitor traces the employer's Employers' Liability insurer through the Employers' Liability Tracing Office (ELTO) database. For asbestos-related claims, the Diffuse Mesothelioma Payment Scheme can compensate victims where the insurer cannot be traced. The limitation period for industrial disease runs from the date of knowledge — which may be many years after the exposure ended.