What to do if you're injured at work - a legal guide
Being injured at work can be an upsetting, stressful, and life-changing experience. Whether your injury is minor or serious, it’s important to understand your legal rights and the steps you should take to protect your health, your income, and your future.
As experienced solicitors in Ebbw Vale, South Wales, we have supported many clients who have faced accidents at work. In this guide, we set out what you should do if you are injured in the workplace, your rights under UK and Welsh law, and how to make sure your employer fulfils their legal obligations.
Understanding workplace accidents in Wales
A workplace accident can happen in almost any environment - from an office to a construction site, a factory to a retail shop.
Common types of workplace accidents include:
- Slips, trips, and falls
- Manual handling injuries
- Machinery accidents
- Falls from height
- Exposure to hazardous substances
- Repetitive strain injuries
No matter how your accident happened, the law in the UK - including Wales - requires employers to protect the health and safety of employees.
This duty arises from the Health and Safety at Work etc. Act 1974, which obliges employers to take reasonable steps to prevent harm. If they fail in this duty, and you are injured as a result, you may have the right to claim compensation.
Immediate steps to take after an injury at work
If you are injured at work, here are the crucial steps you should follow straight away:
1. Seek medical attention
Your health must always come first. Even if your injury seems minor, it is vital to seek medical help. This ensures you get the treatment you need, and it also creates an official medical record of your injury.
2. Report the accident to your employer
You must inform your employer about your injury as soon as possible. Most workplaces have an accident book where details of workplace injuries should be recorded. Make sure the entry is accurate and ask for a copy for your own records.
3. Gather evidence
If possible, collect evidence of the accident.
This may include:
- Photographs of the accident scene and your injuries
- Witness statements from colleagues
- Copies of accident reports
- Medical reports
Evidence will be vital if you later decide to pursue a workplace injury claim.
4. Know your rights to sick pay
If your injury prevents you from working, you may be entitled to Statutory Sick Pay (SSP) from your employer, or contractual sick pay if your contract offers enhanced benefits. This helps provide some financial support while you recover.
Your employer’s legal duties
In Wales and across the UK, employers have a legal duty of care to keep their employees safe.
This includes:
- Carrying out risk assessments
- Providing proper training
- Ensuring machinery and equipment are safe
- Providing protective equipment where necessary
- Maintaining a safe working environment
In addition, many workplace injuries must be reported by your employer under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013). This includes serious injuries such as fractures, amputations, or injuries requiring hospital treatment.
Failure to comply with these duties can make an employer liable if an employee suffers an injury.
Making a workplace injury claim
If your injury was caused by your employer’s negligence - for example, because they failed to provide proper training or ignored health and safety rules - you may be entitled to bring a personal injury claim.
How to begin a claim
To start, you should speak to a solicitor who specialises in workplace accidents. They will assess the strength of your case and guide you through the process.
Time limits for claims
In most cases, you have three years from the date of the accident to make a workplace injury claim. This is known as the limitation period. However, it’s always best to seek legal advice as soon as possible while evidence is fresh.
Read: Time limits for personal injury claims
Compensation you could receive
If your claim is successful, you could recover compensation for:
- Pain and suffering caused by the injury
- Loss of earnings (including future earnings if your ability to work is affected)
- Medical expenses and rehabilitation costs
- Travel costs to hospital appointments
- Adjustments needed to your home or lifestyle
Common concerns from injured employees
Will I lose my job if I claim?
Many employees worry about claiming against their employer. However, it is illegal for your employer to dismiss you simply for bringing a legitimate workplace injury claim. Employers are required by law to have employers' liability insurance, which usually covers the cost of claims.
What if the accident was partly my fault?
Even if you were partly to blame, you may still be able to make a claim under the principle of contributory negligence. Your compensation may be reduced to reflect your share of responsibility, but you will not automatically lose the right to claim.
Special considerations in Wales
If you are injured at work in Wales, the legal framework is broadly the same as in England, since employment and personal injury law is not devolved. However, there are local factors that may be relevant:
- Industries such as mining, steelwork, and construction have historically been more common in South Wales, where risks of serious injury are higher.
- Local courts in Wales may deal with claims differently depending on regional practices.
- Access to Welsh NHS services for treatment and rehabilitation may differ slightly from England, which could affect recovery times.
Why legal advice matters
Dealing with an accident at work can be daunting, especially when facing time off, loss of income, and uncertainty about your future.
A solicitor can:
- Advise you on your rights and whether you have a strong claim
- Gather evidence on your behalf
- Negotiate with insurers for fair compensation
- Represent you if your claim goes to court
At our firm in Ebbw Vale, we pride ourselves on providing compassionate, professional support to those injured in the workplace.
If you have been injured at work in Wales, it’s important to act quickly and understand your rights. From reporting the accident and seeking medical help, to exploring the possibility of a compensation claim, the right legal guidance can make the process far less stressful.
Your employer has a duty to keep you safe. If they have failed in that duty and you have suffered as a result, you should not be left to carry the burden alone. Speaking to a solicitor will give you clarity, confidence, and the best chance of securing the compensation and support you deserve.