A workplace accident can leave you dealing with pain, time off work and worry about what happens next. The steps you take straight away can also make a real difference if you later decide to claim compensation.
In short: get medical help first, report the accident to your employer and make sure it goes in the accident book, then gather evidence such as photographs, witness details and medical records. After that, speak to a solicitor about whether you have a claim and how long you have to make one.
Key points
- Get medical attention first, even if the injury seems minor.
- Report the accident to your employer and make sure it is recorded in the accident book.
- Keep photographs, witness details, medical records and a note of your financial losses.
- Employers must have employers' liability insurance, so any compensation is paid by the insurer.
- You normally have 3 years from the date of the injury to raise a court action.
What should you do straight after an accident at work?
- Get medical help Your health comes first. Symptoms can develop later, so get checked even if the injury seems minor.
- Tell your employer Report the accident to your supervisor or manager as soon as possible, using your employer's usual procedure.
- Use the accident book Ask for the accident to be recorded in the accident book and keep a copy if you can.
- Gather evidence Take photographs and note the names and contact details of any witnesses while details are fresh.
- Keep records of your losses Save receipts and keep track of time off work and any reduced pay.
- Get legal advice Speak to a solicitor about whether you can claim, ideally before evidence is lost.
Should you report an injury at work?
Yes. A written record is useful evidence of what happened, when it happened and what injury you reported. Keep a copy of any report or correspondence if possible.
Some serious workplace injuries must also be reported to the Health and Safety Executive under RIDDOR. You do not normally make that report yourself, as the responsibility usually falls on your employer or another responsible person.
What evidence should you keep?
Photographs of the accident scene, equipment, clothing or visible injuries can be valuable. Names and contact details of witnesses are also useful.
Medical evidence helps show the nature and effects of your injury, so keep GP records, hospital letters, prescriptions and details of any treatment. Our guide on what evidence you need to support a personal injury claim goes into more detail.
Why does health and safety matter to a claim?
To assess a claim, we will want to understand why the accident happened. That can mean looking at risk assessments, training, supervision, equipment, working practices and your employer's wider health and safety arrangements.
An accident does not automatically mean someone was negligent. A claim depends on whether your employer, or another party, was legally responsible for what caused the injury.
Can you make an accident at work claim?
A claim may be possible where negligence or another recognised basis of liability can be shown. Being injured at work does not, by itself, make your employer liable.
For example, we may look at whether inadequate training, defective equipment, unsafe working conditions or a failure to manage a known risk contributed to your injury. If you broke a bone, our guide on how workplace fractures are valued explains what your claim could cover.
Good to know: Many people worry about their job. Your employer's liability insurer pays any compensation, and dismissing someone for bringing a genuine claim would usually be unfair. Read more in our guide on whether you can be sacked for making a claim.
What happens with sick pay?
Depending on your contract and circumstances, you may receive full pay, contractual sick pay or statutory sick pay. Sick pay is separate from a personal injury claim.
Lost earnings from time off can form part of your compensation where the legal requirements are met, so keep records of your earnings and absence.
Does your employer have liability insurance?
Employers are required by law to have employers' liability insurance, so compensation is paid by the insurer, not out of your employer's own pocket. Having insurance does not mean a claim will automatically succeed, as liability still has to be established on the facts.
Is there a time limit for an accident at work claim in Scotland?
Yes. Under the Prescription and Limitation (Scotland) Act 1973, a personal injury action must normally be raised within 3 years of the date of the injury, or of the date you became aware of the relevant facts, if later.
The court can allow a late action in some cases, but you should never rely on that. Getting advice early is sensible, particularly as evidence can become harder to obtain. Our guide on how long you have to make a personal injury claim explains more.
Can you claim Industrial Injuries Disablement Benefit?
Possibly. This is a state benefit that may be available if you become disabled because of an accident at work or certain prescribed occupational diseases. It is completely separate from a compensation claim.
Eligibility depends on the benefit rules and the degree of disablement. Receiving the benefit does not, by itself, show that your employer was negligent.
When should you speak to a solicitor?
As soon as you are able to. A solicitor can assess whether you have a claim if you have been injured or become ill because of an accident at work, looking at accident records, medical evidence, photographs, witness accounts and risk assessments.
Stewart Gordon Thomson Law Firm advises injured workers under Scots law. Find out more about our accident at work solicitors or visit our personal injury lawyers Glasgow page.
Hurt at work and not sure where you stand? Speak to a solicitor, not a call centre. Your first hour is free and claims are No Win, No Fee.
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