Is My Employer Liable For An Accident At Work?

There are a number of factors that determine who is liable for an accident at work. Your employee has a responsibility to provide a duty of care, but it is important that you follow health and safety regulations, too.

This article provides information on who can be liable and when you may be able to make a personal injury claim for an accident at work.

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Choose A Section

Who Is Liable For An Accident At Work?
Could I Get Hurt While Working?
Evidence That Proves Someone Is Liable For An Accident At Work
Compensation For Injuries At Work
What Is A No Win No Fee Lawyer?
Learn More About Who Is Liable For An Accident At Work

Who Is Liable For An Accident At Work?

Your employer is responsible for health and safety, but you must take some responsibility for your own safety in the workplace, too. Who is liable for an accident at work will depend on the actions of both the employee and the employer.

The Health and Safety Executive (HSE) is the established body that employers and employees can refer to for guidance on workplace health and safety.

Employers should adhere to the following procedures in order to keep their employees safe:

Risk assessment: Your employer must explain, in a way you can easily understand, the risks in your job and how they will be controlled otherwise they can be found negligent. They should also remove or remove risks to health and safety wherever practicable.
Training: You must be trained on how to carry out your job safely, and your employer can’t charge you for this.
Personal Protective Equipment (PPE): Protective clothing you need to do your role safely should be properly looked after and provided free of charge.
Report: Certain incidents and injuries should be reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). Furthermore, all workplaces with ten or more employees must have an accident report book. It’s good practice to record all workplace incidents here.

Similarly, employees have a responsibility to follow health and safety in the workplace. As an employee, you must follow the training you have received and take reasonable care of yourself and others. If you are injured because you’ve failed to listen to what your employer has told you during training, for example, you might not be able to claim.

Our advisors can connect you with a solicitor from our panel if you have a valid accident at work claim. Click the banner at the top of this page for more information.

Frequency Of Accidents At Work

Statistics published by the HSE indicate that the frequency of employer-reported non-fatal injuries happening at work has decreased in previous years. This downward trend is also mirrored in the rate of self-reported non-fatal injuries in 2020/21.

Below are some additional key figures on workplace health and safety in the UK:

An estimated 1.7m workers suffered from an illness or injury
There were 441,000 workers who reported a non-fatal injury, according to the Labour Force Survey (LFS) in 2020/21
A total of 102,000 self-reported non-fatal injuries resulted in over seven days of absence

For more information on who could be liable for an accident at work, contact our team now.

Could I Get Hurt While Working?

The Health and Safety At Work etc. Act 1974 (HASAWA) sets out an employers’ duty of care. Failure to adhere to this duty of care may lead to you sustaining an injury in the workplace. Consequently, the employer could be liable for an accident at work in which you’re injured.

You can find some examples of how your employer may breach their duty of care below:

Exposure to harmful substances or environments: Working in environments that subject employees to hazardous chemicals may cause injury if the employee is not provided with PPE or a proper risk assessment has not been carried out. Construction trade workers could be at risk of asbestos exposure without adequate PPE. The Control of Substances Hazardous to Health Regulations (COSHH) has more information on the safe handling of hazardous substances.
Crashes or collisions: If you work around workplace vehicles, and someone is not trained or licensed to use them, you could therefore be at risk of being hit by a vehicle. Warehouse employees could be hit by a forklift if the operator is not trained on how to use it.
Slips, trips and falls: It is an employer’s duty to mark hazards in the workplace, including wet floors, which should be signalled in a reasonable timely manner. Poor housekeeping could lead to injuries like a leg injury at work. For example, if you work in a bar, and stock orders have not been put away, you could risk tripping on a box.

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Evidence That Proves Someone Is Liable For An Accident At Work

You should provide proof that your employer acted negligently when beginning a personal injury claim.

It may be necessary to seek immediate medical attention too. Medical reports can strengthen your claim. You might also be invited to a medical assessment with an independent expert as part of your claim.

Furthermore, you should record the incident in your work’s accident report book. If you are incapacitated due to a serious work injury, a colleague can fill out the report for you.

Other useful forms of evidence could include the following:

Contact details of witnesses who can provide a statement
CCTV footage of the accident
Photographs of injuries and the accident site

Contact our team today if you are ready to speak to one of our advisors. They can assess who could be liable for an accident at work.

Compensation For Injuries At Work

This section will address calculating compensation for an accident at work. When you have an accident at work, general damages take into consideration any physical or mental damage that your injury causes you. We’ve included a table below to help you work out what could be the cost of an accident at work. All figures included in the table follow guidelines set by the Judicial College (JCG).

Injury Bracket	How Much?	Notes
Post-Traumatic Stress Disorder	£56,180 to £94,470	Symptoms may include nightmares, flashbacks and hyper-arousal. There will be a poor prognosis.
Chest Injuries	£94,470 to £140,870	Total removal of one lung and serious heart damage causing ongoing pain. The level of awards within this bracket are influenced by factors including your age, gender and the effect on your capacity to work and enjoy life.
Severe (i) Neck Injuries	In the region of £139,210	In severe cases of neck injuries, you may suffer severe headaches which have proved intractable despite wearing a collar for 24 hours a day for a number of years.
Severe (i) Back Injuries	£85,470 to £151,070	This injury may involve damage to your spinal cord and nerve roots, resulting in serious consequences that back injuries don't usually lead to.
Shoulder Injuries	£7,410 to £11,980	Symptoms such as discomfort and limited movement may last for two years and include having a frozen shoulder and persistent discomfort.
Injuries to the Elbow	£14,690 to £30,050	A less severe elbow injury may cause impairment of function but would involve no major surgery or significant disability.
Serious Hand Injuries	£27,220 to £58,100	Such injuries would reduce the hand to about 50% function.
Severe (i) Leg Injuries	£90,320 to £127,530	Injuries within this bracket are the most serious short of amputation
Damage to Teeth	£8,200 to £10,710	Where several front teeth have been lost or seriously damaged
Burns	Likely to exceed £98,380	Factors which will influence the size of the award include the percentage of the body area that is affected by burns and the cosmetic impact of the injuries.

You may also be able to claim special damages. This covers any financial losses that you might incur as a result of your injuries.

For example, you could claim back travel expenses, care costs and medical costs not covered by the NHS. In addition, you must provide proof of these losses to claim, so it can be helpful to retain payslips and receipts to provide evidence for your financial losses.

If you are ready to make a compensation claim after suffering an injury at work, speak to one of our advisors for free legal advice. They’ll be able to advise you whether your employer is liable for an accident at work.

What Is A No Win No Fee Lawyer?

A No Win No Fee lawyer can make legal representation more financially accessible. In usual practice, you would pay an upfront fee to your solicitor.

Through a No Win No Fee agreement, you would not have to pay any upfront or ongoing fees to your solicitor. If your claim is unsuccessful, you do not have to pay any fees to your solicitor at all.

However, if your claim is successful, your solicitor may deduct a legally-capped success fee from your compensation.

For further information on how No Win No Fee agreements could benefit you, get in touch with our team of advisors today.

Ask Us Who Is Liable For An Accident At Work

Our panel of personal injury solicitors can assist you in finding who is liable for an accident at work. To get in touch with one of our advisors, you can:

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Learn More About Who Is Liable For An Accident At Work

Complaints – HSE offers guidance on making a complaint against your employer if you are concerned about health and safety in the workplace.

When to call 999 – NHS advice on when to call 999 in the event of an injury.

Mental health – You may be struggling with your mental health following an accident at work. The NHS offers advice and support.

You can read more of our guides below:

Don’t hesitate to get in touch with our team of advisors if you have any more questions about who is liable for an accident at work.