Accident at Work Claims — No Win, No Fee

Employer Duty of Care

Under the Health and Safety at Work etc. Act 1974 and common law, every employer in England and Wales has a duty to take reasonable care for the safety of their employees. This duty is wide-ranging. It covers the provision of safe systems of work, adequate training and supervision, safe plant and equipment, a safe working environment and safe methods of carrying out work tasks.

In addition, numerous regulations impose specific obligations on employers — for example the Management of Health and Safety at Work Regulations 1999, the Manual Handling Operations Regulations 1992, the Provision and Use of Work Equipment Regulations 1998 (PUWER), the Work at Height Regulations 2005, and the Personal Protective Equipment at Work Regulations 1992. A breach of these regulations can help establish liability in your claim.

Common Types of Workplace Accidents

We handle a wide range of workplace accident claims, including:

• Falls from height — scaffolding, ladders, mezzanine floors, roof work and other elevated work areas
• Slips and trips — wet floors, uneven surfaces, obstructed walkways and poor lighting
• Manual handling injuries — back, shoulder and hernia injuries caused by lifting, carrying or moving loads without adequate training or mechanical aids
• Machinery and equipment accidents — entrapment, crush injuries and cuts from unguarded or defective machinery
• Being struck by objects — falling items, forklift trucks, swinging loads
• Construction site accidents — scaffold collapses, trench collapses, demolition incidents
• Exposure to hazardous substances — chemical burns, dermatitis, respiratory disease
• Repetitive strain and overuse injuries — wrist, elbow and shoulder conditions from repetitive tasks
• Electrical accidents — electrocution or electric shock from faulty wiring or equipment
• Vehicle and transport accidents — incidents involving forklifts, lorries and other workplace vehicles

Evidence Needed for an Accident at Work Claim

The strength of your claim depends significantly on the evidence available. Useful evidence includes:

• Entry in the employer's accident book, signed and dated
• RIDDOR report (your employer is required to report certain workplace accidents to the Health and Safety Executive)
• Photographs of the accident scene, any defective equipment or dangerous conditions
• CCTV footage — request this promptly as it may be overwritten
• Witness statements from colleagues who saw the accident
• Medical records and GP or hospital notes
• Training records, risk assessments and maintenance logs
• Payslips to evidence lost earnings

Even if you do not have all of this, we can help gather evidence once you instruct us. Acting quickly preserves evidence before it is lost.

Time Limits for Workplace Injury Claims

You generally have three years from the date of your accident to issue court proceedings in England and Wales. If your injury is an occupational disease or a condition that developed gradually, time runs from the date of knowledge — the date you first knew (or ought reasonably to have known) that your condition was caused by your work and that your employer may be responsible.

If you were under 18 at the time of the accident, time begins to run from your 18th birthday, giving you until you are 21. Do not delay in seeking advice — the sooner you instruct a solicitor, the better chance you have of preserving evidence and building a strong case.

What Compensation Can Cover

Workplace accident compensation typically has two elements:

General Damages

General damages compensate for the pain, suffering and loss of amenity you have experienced. The amount is assessed by reference to the Judicial College Guidelines and the nature, severity and prognosis of your injury. A minor soft-tissue injury settling in a few weeks attracts a much lower award than a serious fracture or permanent disability.

Special Damages

Special damages reimburse you for quantifiable financial losses, which may include:

• Past and future loss of earnings (including loss of pension contributions)
• Medical treatment, physiotherapy, counselling and rehabilitation
• Travel to medical appointments
• Care provided by family members or paid carers
• Costs of aids, equipment or home adaptations
• Any other out-of-pocket expenses caused by the accident

Research References

• Health and Safety Executive. Fatal injuries in the workplace in Great Britain. HSE, 2024.
• Health and Safety Executive. Health and safety at work: Summary statistics for Great Britain 2024. HSE.
• Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999 — the primary legislative framework for employer duties in Great Britain.

No Win, No Fee Workplace Accident Claims

EA Personal Injury Solicitors handles accident at work claims under a Conditional Fee Agreement (CFA), commonly known as no win, no fee. This means you pay no solicitor's fees if your claim is unsuccessful. If the claim succeeds, a success fee may be deducted from your compensation. We will explain the success fee percentage and all costs clearly before you sign anything.

We can also advise on After the Event (ATE) legal expenses insurance, which can protect you from having to pay the defendant's legal costs if your claim does not succeed. Our aim is to make sure access to justice is not limited by your financial circumstances.