Accident at Work guide · England & Wales

Accident at work claims:a step-by-step guide to compensation

How accident at work claims work in England and Wales — your employer's duties, what to do after an accident, time limits and what your claim could be worth.

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No Win No Fee: The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above. Any After the Event insurance premium is payable only if you win, and is never charged upfront. Your letter of engagement sets out exactly what you will pay for your type of claim, and we explain it before you sign. If you lose, you pay us nothing. This applies as long as you keep to your responsibilities under the agreement. You may have to pay costs if you end your claim early, fail to beat an offer the other side made, or a court finds your claim dishonest or exaggerated; where we have arranged After the Event insurance, it covers some of these costs if you keep to the policy's terms. See exactly what you pay.

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Written by Leanne Henton, Head of Personal Injury and Medical Negligence.
Reviewed by Leanne Henton on 2026-11-10.

In short

You can claim when your employer failed to take reasonable steps to keep you safe. You usually have three years from the accident. Most cases settle without court, usually on a No Win No Fee basis — and dismissing or punishing you for making a genuine claim may well be unlawful.

Reviewed by Leanne Henton, Head of Personal Injury and Medical Negligence, NJS LawLast reviewed: September 2026 · England & Wales

SRA regulatedNo. 8006550
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Figures verified with NJS Law on 9 November 2026.

1Can you claim for an accident at work?

Your employer must keep you safe at work. The Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999 set out their duties on training, equipment, a safe workplace and risk assessments.

A claim needs duty of care, a breach of that duty, and causation — the breach caused your injury.

2Why workplace accidents happen

Most accidents follow a failure in safety systems — poor training, unsafe equipment, missing risk assessments, weak procedures, poor maintenance or inadequate PPE. Common claims include:

Slips, trips and falls
Manual handling injuries
Machinery accidents
Falling objects and falls from height
Construction site accidents
Exposure to hazardous substances
Repetitive strain injuries

3The 6 steps of an accident at work claim

Step 1Seek medical treatmentGet checked even if the injury seems minor, and get urgent care for head injuries, severe pain or spinal symptoms. Your medical records are key evidence.

Step 2Report the accident and keep evidenceReport it promptly — most employers must record it in an accident book. Keep photos, witness details and a record of lost income and costs.

Step 3Check whether you can claimWe confirm duty, breach and causation. If you were partly at fault, you can still claim, though compensation may be reduced.

Step 4Start your claimWe investigate and send a Letter of Claim or a Claim Notification Form through the Claims Portal. Employers must be insured, so it's their insurer who pays.

Step 5Medical evidence and valuationIndependent experts assess your injury and prognosis. Interim payments may be possible if your employer admits responsibility.

Step 6Settlement or courtMost claims settle by negotiation, with payment normally within a few weeks. Court is used only if necessary.

Free downloadAccident at Work Claims GuideFree PDF: we'll email and text you a private link.

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4Time limits: how long do you have to claim?

Under the Limitation Act 1980, most claims must start within three years of the accident, or of when you realised your injury was work-related.

Children — the three years start at 18, so a claim can usually be brought up to age 21. A parent can claim sooner as litigation friend.
Lack of mental capacity — if someone lacked mental capacity when the injury happened, the three years do not start until they regain it. If they lose capacity later, the time limit keeps running, so act quickly.

Check my time limit

5How much compensation can you claim?

The injury is valued using the Judicial College Guidelines, 18th edition (2026), and your financial losses are added on top.

Injury	Indicative range
Minor soft tissue / whiplash	Fixed tariff if it was a road accident and lasted up to 2 years; otherwise a JCG band (up to £10,420 for a minor neck or back injury that recovers within two years)
Moderate back injury	£16,520 to £51,230
Serious back injury	£51,230 to £212,670
Simple leg fracture	Up to £18,600
Serious leg / limb injury	£36,680 to £179,560
Arm / shoulder injury	Up to £172,970
Head and brain injury	£2,920 to £533,720
Psychological injury (incl. PTSD)	£2,040 to £152,900

Indicative ranges based on the Judicial College Guidelines, 18th edition (2026). General guidance only, not a quote — financial losses (special damages) are added on top.

£3.7m

Real resultForklift accident at workOur client was seriously injured in a forklift accident at work. Illustrative only — every case is different.

Read the full story

6How long do accident at work claims take?

Straightforward claimsAbout 12 to 18 months.

Complex or serious claimsTwo to three years or longer.

7How is a claim funded? No Win No Fee explained

Most claims are funded by a Conditional Fee Agreement — No Win No Fee. You pay no upfront fees, nothing if your claim is unsuccessful, and, only if you win, a success fee from your compensation that the law caps. Your letter of engagement sets out exactly what you will pay, and we explain every term before you sign anything.

Read how No Win No Fee works

8Why choose NJS Law?

Clear, practical advice; thorough case building — documents, procedures, insurers and experts; interim payments and rehabilitation where appropriate; and you stay in control of every decision.

9Frequently asked questions

Can I claim if I was injured at work?

You may be able to if your employer failed to take reasonable steps to keep you safe.

Can I claim against my employer without losing my job?

Usually, yes. Employers must hold insurance, and your employer's insurer, not your employer, usually pays. Dismissing or punishing you for making a genuine claim may well be unlawful, and you may be able to bring an employment claim.

What if the accident was partly my fault?

You can still claim, though compensation may be reduced to reflect your share of fault.

What if I didn't report the accident at the time?

You may still be able to claim — your medical records and other documents become more important.

Is there a time limit?

Generally three years from the accident or when you became aware, with exceptions for children and people who lack capacity.

How much compensation could I get?

It depends on how serious your injury is and your financial losses. The injury is valued using the Judicial College Guidelines, 18th edition (2026).