An accident at work can be distressing, especially if it results in an injury. You might be left unable to work, whether temporarily or permanently, and it can leave you with a lot of questions about your rights. For example, how much time can you take off during your recovery? Can you make a personal injury claim for your accident? Will your employer retaliate against you if you take this legal route?

The answers often depend on the specific circumstances, but it's important to say that you have several rights that are protected in law. One of the foremost of these is the right to work in a safe environment, which is enshrined in the Health and Safety at Work Act 1974. The Health and Safety Executive (HSE) sets minimum standards for workplace safety, and if your accident could have been prevented, this might mean that your rights have been infringed upon. Further, if your employer's negligence contributed to or caused the accident, you may have the right to claim compensation for any injuries sustained. 

At Switalskis, we believe that everyone's rights should be upheld at all times, and championing these rights is one of our founding principles. Here, we discuss what you should do in the aftermath of an accident at work and how to protect your rights during the process. If workplace injuries have affected your life, it's important to understand your options and know how to seek justice.

What are my rights after a workplace accident?

Every employee in the UK has rights that must be upheld after an accident at work. In fact, this is not the only situation where these rights apply - you do not need to be an employee to make a compensation claim if you are injured in a public place or a place of business. The owners and managers of premises where workers or members of the public may be, have a responsibility to maintain high standards and meet all the requisite health and safety regulations.

The rights enjoyed by any injured parties in these situations include the following:

Reporting safety concerns

You have the right to report any workplace accident or injury and have it recorded by your employer. In fact, they are legally required to keep a record of all workplace accidents in an accident book, and report serious incidents to the Health and Safety Executive under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations. This type of report is often a vital piece of evidence for successful personal injury claims.

Reports in the accident book should be used to inform and develop health and safety policies within the business. If they do not do so, or if you have ongoing safety concerns, you might consider reporting these directly to HSE, a Trade Union representative or in serious cases, your local authority's environmental health department.

Medical attention

You have the right to receive medical attention after an accident at work. Whether it is first aid on-site or being taken to the hospital, your employer must make appropriate help available. All UK employers must provide first-aid kits and training to enable immediate medical aid to be given. If your workplace or industry poses any specific risks, these should also be taken into account - for example, if you rely on hazardous chemicals, your employer may need to provide appropriate spill kits to minimise the risk of an accident that could cause injury.

Time off

If you're injured in a workplace accident and need time off to recover, you have the right to do so. You may be entitled to statutory sick pay for up to 28 weeks, provided you meet specific eligibility criteria. You may also be offered contractual sick pay as part of your employment contract, which can supplement your statutory payments. You may also be eligible for Employment and Support Allowance if your accident at work leaves you with a disability or health condition that affects your ability to work. 

If you are concerned about losing earnings during your recovery, you may be entitled to claim compensation for your injury that will cover lost earnings and any medical expenses associated with your recovery. While this is also a right, it doesn't apply in every situation.

Compensation

If the accident at work was due to employer negligence - for example, if your employer failed to meet HSE health and safety requirements and the accident happened as a result - you may be entitled to compensation. It is a legal right to make a personal injury compensation claim in these cases, and compensation is designed to account for any expenses associated with the injuries sustained. This can cover everything from medical treatment or devices needed during your recovery, to lost earnings, to transportation to GP appointments. It can even take into account potential future earnings, if your ability to work is affected by your injury. 

Related to this is the right to seek independent legal advice if you have suffered a workplace injury. At Switalskis, our solicitors specialise in personal injury law and can advise you on whether you have a case for compensation. We work on a 'no win, no fee' basis, which means that we'll guide you through the claims process and you won’t have to pay legal fees unless your claim is successful. Speak to an experienced personal injury solicitor from Switalskis for advice on your eligibility to make an accident at work claim .

Fair treatment

You cannot be legally dismissed, penalised or treated unfairly for reporting an accident or making a claim. If you are dismissed or face any kind of detriment due to raising safety concerns, reporting an injury or making a compensation claim, you may have grounds for an unfair dismissal claim or a claim for detriment under health and safety legislation. 

Once you have recovered, you have the right to return to your previous role, provided you are fit to do so. If your injury has resulted in long-term physical or mental limitations, you may be able to request reasonable adjustments in your workplace under the Equality Act 2010. This might include changes to your duties or adjustments to your working environment to accommodate any new needs.

These rights are designed to protect you from discrimination and prevent unfair treatment in the event of a workplace accident. They also enable you to seek compensation that will cover any losses - whether physical, financial or psychological - associated with your workplace injuries.

Making an accident at work personal injury claim

If you want to exercise your right to claim compensation for an accident at work, there are several steps you should take. The first, especially if the situation is an emergency, is to seek medical attention as soon as possible. Even if your injury seems minor, or you cannot detect an injury, speaking to a doctor can help to identify underlying injuries that are not immediately apparent. If you have suffered injuries that cannot be detected straight away, they can worsen over time, at which point it may be too late to secure compensation.

After speaking to a doctor, your medical records will provide evidence of your injury and its seriousness. These records will also be valuable if the injury worsens over time. As such, you should keep copies of any medical reports, treatment plans and expenses incurred for treatment, as these will form part of your compensation claim. Keep receipts for any medical costs incurred as a result of this treatment, as it will also factor into the compensation you may be owed.

As we've noted above, the first step after your immediate medical needs have been met should be to report the accident to your employer. This should be done as soon as possible after the incident occurs - in fact, report any such accident to protect your right to make a future compensation claim. Workplaces must have an accident book where details of the event can be recorded. Make sure that this record is accurate and includes essential information, such as:

• The date and time of the accident.
• The location where the accident occurred.
• Details of the injury.
• The names of any witnesses.

This record provides evidence if you later decide to pursue an accident at work compensation claim. Other evidence that you may need to gather includes:

• Photographs of the accident site, any equipment involved and your injuries. Take further photographs during your recovery, as these will show the extent and effects of the injuries sustained.
• Contact details for anyone who saw the accident happen. Their testimony may support your claim, and a solicitor can help you to gather statements. It's important to note that you cannot be discriminated against by an employer for providing a witness statement in support of a colleague's compensation claim.
• Any written documentation from your doctor or any medical professional who treated you.
• Receipts or any other record of any costs or losses you incur due to the accident, such as medical expenses, loss of earnings, travel costs and rehabilitation services.

At this stage, you should engage a personal injury solicitor. They can help you to gather evidence like witness statements, or advise you on treatment options based on their experience of helping people whose circumstances are similar to yours.

When is an employer's negligence liable for an accident at work?

To succeed in a compensation claim, you must demonstrate that your employer was at fault. This usually means proving that your employer breached their duty of care by failing to provide a safe working environment, which resulted in the accident and your injury. Common reasons an employer may be found liable include:

• Failure to maintain equipment or machinery to a suitable standard.
• Absence of warnings about high-risk situations, such as the presence of hazardous chemicals or wet floors.
• Lack of adequate training in health and safety policies or practices.
• Insufficient safety measures, such as missing guards on machinery or lack of personal protective equipment.
• Unsafe working conditions, such as slippery floors or poor lighting.
• Failure to carry out risk assessments and address specific risks.

This isn't a comprehensive list. If you believe your employer's negligence may have been responsible for injuries caused by an accident at work, contact a solicitor as soon as possible to seek legal advice. The team at Switalskis can review the evidence you've collected and your version of events, and let you know whether we believe that your employer may have been at fault for your accident.

Our personal injury solicitors specialise in workplace accident claims and can help assess the strength of your case, advise on how to proceed and handle negotiations with your employer or their insurance company. If we believe you have a claim and you're within the relevant time limit (usually three years from the date of the accident), we'll help you to gather evidence and build a strong case. Then, we'll submit your claim to your employer or their insurance company.

In many cases, an accident at work claim is settled out of court. After your solicitor submits your letter of claim, the other party will often accept their liability and the case will proceed immediately to negotiations about the amount of compensation you'll receive. Your employer’s insurer may offer a settlement based on the evidence provided, and your solicitor will advise whether the offer is reasonable. A settlement should cover:

• Medical expenses.
• Loss of earnings.
• Pain and suffering.
• Future medical costs or loss of future earnings if the injury affects your ability to work.

If you agree to the settlement, your claim will be concluded. If the offer is inadequate, we'll negotiate further or take the case to court. Because we're a full-service law firm, we can also bring in employment law experts who can advise you on your rights throughout the process.

Once a settlement has been agreed upon or a court ruling has been made in your favour, you will receive your compensation. The amount will depend on the severity of your injury, your financial losses, and any long-term impact the accident has had on your ability to work or enjoy life. As we've noted, you'll have the right to go back to work if you wish to, and your employer must make reasonable accommodations for you if you need them thanks to your injury.

If you believe your employer has failed to meet their legal duty to uphold your rights, or you've been injured in an accident at work that wasn't your fault, get in touch with our team today to start the process of claiming compensation. Call Switalskis on 0800 138 0458 or get in touch with us through our website .