If you have been injured at work in England and Wales because of your employer's fault, you may be entitled to compensation. Work-injury (employer's liability) claims follow a clear process, but there are strict deadlines and steps to get right. Here is a plain-English guide.
When can you claim?
You can usually claim where:
- you suffered an injury or illness at work; and
- it was caused by your employer's negligence or breach of a legal duty, for example an unsafe system of work, inadequate training, faulty equipment, or failure to do a proper risk assessment.
Employers owe a duty of care to provide a reasonably safe workplace, equipment and colleagues. If they fall short and you are hurt, that is the basis of an employer's liability claim.
You usually claim against the employer's insurer
Employers must carry employers' liability insurance by law (Employers' Liability (Compulsory Insurance) Act 1969). In practice, your claim is handled and paid by the employer's insurer, not out of the employer's own pocket, so you should not feel you are "suing your colleagues". (If the employer is insolvent or dissolved, you may be able to claim directly against the insurer under the Third Parties (Rights against Insurers) Act 2010.)
First steps after an injury
- Get medical attention and make sure the injury is recorded.
- Report the accident to your employer and ensure it is entered in the accident book.
- Keep evidence, photos, witness details, what caused the accident, and a note of your losses.
- Be aware your employer may have to report the incident to the authorities under RIDDOR (the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013), this is a separate safety duty from your claim.
Sick pay while you recover
While off work you may be entitled to Statutory Sick Pay (SSP) (subject to the qualifying conditions), and possibly contractual sick pay. SSP is separate from, and does not replace, a compensation claim.
The time limit: three years
You generally have three years from the date of the accident (or from when you knew your injury was linked to work) to bring a claim (Limitation Act 1980). Special rules apply for under-18s (time runs from their 18th birthday) and those lacking mental capacity. Don't delay.
How the claim works
- A solicitor sends a letter of claim to the employer/insurer under the relevant pre-action protocol (lower-value claims often go through the EL/PL Claims Portal).
- You obtain medical evidence about the injury and its effects.
- The claim is valued: general damages (pain, suffering and loss of amenity) plus special damages (lost earnings, treatment, care, travel, including future losses in serious cases).
- Most claims settle; if not, proceedings are issued under the Civil Procedure Rules. Many are funded by "no win, no fee" agreements.
Note: your compensation may be reduced for contributory negligence if you were partly at fault.
Key takeaways
- You can claim for a work injury caused by your employer's negligence or breach of duty; the claim is usually met by the employer's compulsory EL insurer.
- Report it, record it in the accident book, get medical help and keep evidence; your employer may need to report it under RIDDOR.
- You may get Statutory Sick Pay while off, separate from compensation.
- Act within the three-year limit (special rules for minors/incapacity); damages cover pain and suffering plus financial losses, and may be reduced for contributory negligence.
Sources
- Employer's common law duty of care and Employers' Liability (Compulsory Insurance) Act 1969; Third Parties (Rights against Insurers) Act 2010
- RIDDOR 2013 (reporting workplace injuries); Statutory Sick Pay rules
- Limitation Act 1980 (three-year limit; date of knowledge); Civil Procedure Rules and the EL/PL pre-action protocol; Law Reform (Contributory Negligence) Act 1945
--- This article is general information about the law of England & Wales as at 2026, not legal advice. Work-injury claims have strict deadlines, consult a qualified solicitor promptly.