If you’ve been hurt at work, you might be able to claim compensation. UK law protects workers in many situations. It’s not just about sudden accidents. It also covers illnesses that develop slowly over time from work conditions. The Health & Safety at Work Act requires all employers to protect their workers. If they are unable to do this, the employee may have the right to make a claim. So, keep reading to learn more about what is classed as an accident at work.
This guide explains:
- What constitutes an accident at work
- Your legal rights
- How to claim compensation in simple terms
The guide will help you understand the case and what steps to take next. Have you had an accident at work? If yes, then continue reading this invaluable information.
Accident at work definition
What is classed as an accident at work? A workplace accident refers to any unexpected incident that causes harm during work duties. The Employers’ Liability Act 1969 makes it mandatory for all UK businesses to carry insurance for such claims.
Here are the prerequisites for a claim:
- There must be evidence of employer negligence – did they breach health and safety regulations?
- This breach must have directly caused your injury.
- The harm must have been reasonably foreseeable – could the employer have taken steps to prevent it?
Here is the accident at work definition. When these conditions are satisfied, you typically have substantial grounds for compensation.
What Injuries Are Covered?
What is an accident at work? Here are some of the injuries that are covered under workplace insurance. Let’s have a look at what is classed as an accident at work.
1. What is classed as an accident at work: Physical Injuries
What is an accident at work? The majority of accident at work claims involve physical injuries. Moreover, they are from sudden accidents. Also, this includes slips and trips caused by:
- Wet floors or poor lighting
- Back injuries from improper lifting techniques
- Unguarded machinery accidents
- Injuries from falling objects in construction & warehouse environments.
For example, we recently handled a case where a factory worker received £42,000 in compensation. The employee lost two fingers in an accident. It also involves an unguarded conveyor belt.
2. Occupational Illnesses (Long-Term Exposure)
Many serious claims involve illnesses. It mainly develops over years of exposure to hazardous conditions. Some of the examples are:
- Construction workers may develop asbestosis or mesothelioma from asbestos exposure.
- Factory workers often suffer industrial deafness from prolonged exposure to loud machinery without proper ear protection.
- Office workers can develop repetitive strain injuries from poor workstation setups.
These cases fall under RIDDOR when formally diagnosed by a medical professional. These claims often have different time limits. The timeline starts from when the illness was diagnosed. Not when the exposure occurred.
3. What constitutes an accident at work: Psychological Injuries
The law also recognises psychological harm at the workplace. Also, this includes:
- PTSD following workplace violence or traumatic incidents
- Depression and anxiety caused by excessive workload
- Bullying & harassment.
Compensation for psychological injuries can range from £5,000 for mild cases to over £100,000 for severe conditions.
What Does NOT Count as a Workplace Accident?
Not all injuries that occur at work qualify for compensation. Injuries during voluntary activities like office sports events are not covered. Pre-existing conditions that are aggravated by work may not qualify unless you can prove that employer negligence accelerated the condition.
Accidents that occur during unauthorised breaks or as a result of reckless behaviour by the employee may also be excluded. However, there are exceptions – if an employer failed to prevent foreseeable harm, such as ignoring threats of workplace violence, you may still have a valid claim regardless of the circumstances.
Your Rights After an Accident at Work
Read some of the major points that all employees must know about work accident rights. Moreover, learn about what is classed as an accident at work.
1. Report the Incident
Your first step should always be to report the incident to your employer. Also, ensure it’s properly recorded in the company’s accident book. It serves as an official record. If there’s CCTV coverage of the incident, request the footage immediately. The footage is often automatically deleted after 30 days.
2. Claim Within Time Limits
Mostly, employees have three years from the accident date to make a claim. So, work injury claim time is one of the crucial factors. The three-year period starts from the diagnosis. Acting quickly gives the best chance of preserving evidence.
3. Seek Medical Attention
It is crucial to get professional medical documentation for minor injuries as well. A simple GP visit creates an official record. It will also help link your injury to workplace conditions. Also, this becomes vital evidence if symptoms worsen later or if you need to make a claim.
4. Gather Evidence
Building a strong case requires evidence. Take clear photographs of injuries and the hazardous conditions. Obtain contact details from the witnesses. Anyone who saw what happened. If lack of training contributed to the accident, request copies of your training records.
DS Bal – 27 year Qualified Specialist Solicitor
DS Bal is a Qualified Specialist Solicitor. He has been a specialist in injury claims since 1999. Moreover, with over 27 years of experience since 1999, he has achieved a high settlement Success Rate. Undoubtedly, he is one of the best workplace injury lawyers. He has facilitated the employees by:
- No Win No Fee Guarantee
- Transparent Fee Structure
- 95% of Cases Settle Out of Court
For personalised advice about your specific situation, contact our specialist workplace injury team today.
Conclusion: Don’t Assume – Check Your Rights
Many workers underestimate what counts as a workplace accident or assume they have no rights to compensation. The reality is that UK law provides strong protection for most work-related injuries. Most claims settle within 8 months under no-win, no-fee agreements. Pursuing compensation is often simpler than people expect. If you’ve suffered harm at work, take these three steps:
- First, get a professional assessment of your claim.
- Second, start gathering evidence immediately.
- Third, remember you generally have three years to take action. However, the latest cases have stronger outcomes.
Read more about all the updated information at Claim Today now. Also, learn about what is classed as an accident at work.
FAQs: What Is Classed as an Accident at Work?
1. Can I claim if the accident was partly my fault?
Yes, you can still claim. The compensation amount may be reduced. To reflect your share of responsibility. For example, if you weren’t wearing the provided safety equipment. The payout might be reduced by 20%.
2. Do agency workers have the same rights?
Absolutely. The Employment Rights Act 1996 protects all workers. It includes temporary and agency staff. The employment status doesn’t affect your right. A safe working environment is for everyone. It also does not affect the ability to claim compensation.
3. What if my employer denies responsibility?
Evidence is vital to prove your point. The CCTV footage, medical reports, and witness statements are basic evidence. They can prove negligence. In practice, about 95% of cases settle before reaching court. The evidence convinces insurers to offer fair settlements.
4. How much compensation could I get?
Compensation amounts vary widely based on injury severity & financial losses. Minor injuries like wrist sprains might attract £3,000. In contrast, permanent disabilities can exceed £100,000. The amount includes compensation for pain and suffering, lost earnings, and future treatment costs.
5. Can I be fired for making a claim?
No, it’s illegal to dismiss employees for a claim. Such dismissal would be considered automatically unfair under employment law. Moreover, you could bring a separate claim for unfair dismissal.
