When Could I Claim Compensation For A Breach Of Health And Safety At Work?

By Jo Anderson. Last Updated 12th March 2024. In workplaces, a breach of health and safety law can have significant consequences. If you’ve suffered an injury at work because your employer has failed to uphold their duties, you could be entitled to compensation. 

In this guide, we take a look at the health and safety regulations that apply to employers in the UK. We discuss how they could violate them, and what legal rights you have to take action if you suffer an injury.

We also look at compensation payouts under personal injury law, and how to claim on a No Win No Fee basis.

If you’d like to make an accident at work claim right away, however, we can help.

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When Could You Claim For A Breach Of Health And Safety At Work?

Under the Health and Safety at Work etc. Act 1974, all employers owe their employees a duty of care. They must take reasonable measures and steps to help prevent their employees from suffering an injury. This could include:

  • Perform regular risk assessments.
  • Maintain equipment and machinery regularly.
  • Provide all staff with relevant and appropriate training.
  • Provide staff with sufficient personal protective equipment (PPE) when needed.

If you suffered an injury due to a health and safety breach at work, you may be able to claim compensation. However, you will need to prove that your case meets the following criteria:

  1. A duty of care was owed to you by your employer.
  2. Your employer failed to adhere to their duty of care and health and safety laws.
  3. This breach caused your injuries.

What other legislation covers health and safety at work?

There are many different pieces of legislation that could be used to prove that your employer had a duty of care. They include:

You needn’t worry too much about which piece of legislation is relevant for your case though. If you choose to work with Accident Claims UK, and your case is accepted, your solicitor should use their legal experience to ensure the claim is filed correctly. Please contact our team of specialists to discuss health and safety claims against employers.

Examples Of Health And Safety Breaches

Health and safety breaches can include, but are not limited to:

  • Wet floors
  • Faulty/damaged equipment
  • Inadequate training
  • Lack of personal protective equipment (PPE)

For more information on whether you could claim due to a specific breach of health and safety regulations by your employer, get in touch with our advisors today.

Injuries Caused By Health And Safety Breaches

There are many different kinds of injuries that could result from health and safety breaches. In fact, there are too many to list here but they include:

  • Broken or fractured bones.
  • Soft tissue injuries.
  • Head injuries.
  • Back injuries.
  • Cuts, bruises and abrasions.
  • Repetitive strain injuries.
  • Industrial diseases.
  • Chemical burns.

Whatever type of injury you have sustained, if it can be shown to have been caused as a result of someone else’s health and safety breach, you could be compensated for your suffering. We are happy to review any claim for free and explain your options. If you would like to discuss health and safety claims against employers with a specialist,  please call the number above today.

Evidence To Support A Workplace Injury Claim

As previously stated, to be eligible to make an accident at work claim, you will need to prove that you suffered your injuries when your employer breached their duty of care.

Collecting sufficient evidence could help prove that your employer breached health and safety law and the injuries you suffered as a result of this.

Some examples of evidence that could be used to help support your claim include:

  • Any video CCTV footage of the accident.
  • Photographs of the accident site and any visible injuries you suffered, e.g. bruises and cuts.
  • A copy of the report in the accident book.
  • The contact details of any witnesses to the accident so that they can provide a statement about the events at a later date.
  • Your medical records stating the type of injury you suffered and the treatment you required.

Contact our advisors today to learn more about proving there was a breach of health and safety at work by your employer or to see if you could be eligible to work with one of our solicitors.

Compensation Payouts In Accident At Work Claims

If you make a successful personal injury claim following a health and safety breach at work, you will be awarded compensation for your injuries. This will be awarded under the head of claim referred to as general damages.

When valuing your claim, those responsible for this may refer to the Judicial College Guidelines (JCG) along with any medical evidence you have presented. There are a range of injuries listed within this document alongside compensation guidelines for said injuries.

We have used some of these entries for the following table, aside from the top row.

Injury TypeSeverityRangeDetails
Serious Multiple Injuries With Financial LossesSeriousUp to £1,000,000+A compensation award for serious multiple injuries and financial losses such as lost earnings, medical costs and travel expenses.
Brain DamageVery Severe£282,010 to £403,990Cases where the person suffers with double incontinence, shows little meaningful response to their environment and need full-time nursing care fall under this bracket.
ArmsAmputation (i)Not less than £137,160At the shoulder arm amputations.
HandSerious£29,000 to £61,910The hand will have been reduced to 50% capacity.
LegsLess Serious (i)£17,960 to £27,760Fracture that have made a reasonable recovery but the person will be left with a limp or similar issues.
Fracture of CheekbonesSerious fractures (i)£10,200 to £15,780Facial disfigurement and result in lasting problems due to serious fractures.
NeckModerate (iii)£7,890 to £13,740This category includes soft tissue injuries that are moderate in severity and where there is a protracted recovery period.
AnkleModestUp to £13,740Tears of ligaments or fractures which result in disabilities like irritation from metal plates or difficulty standing for long periods.
BackMinor (i)£7,890 to £12,510Soft tissue injuries of the back where full recovery is achieved in around one to two years without surgery.

Special Damages

As well as being compensated for your injuries, you could also be entitled to claim special damages too. This is an award made to cover any costs or losses you’ve suffered because of your injuries. The idea is to put you back in the same financial position as you were before the accident.

Again, each claim will vary but special damages could include:

  • Medical Expenses.
    Most treatment you’ll receive may be free on the NHS. However, a claim might be necessary if you’ve paid out for over-the-counter treatments, prescription costs or treatment that wasn’t available on the NHS.
  • Care Costs.
    If your injuries meant that somebody needed to help with daily activities during your recovery, you could claim for any care costs incurred. For example, if a friend or relative looked after you, then a claim could be made to cover their time.
  • Home Adaptations.
    If you’re left disabled because of your injuries, you might need to make changes to help you cope with daily activities. The cost of these changes could be claimed back.
  • Lost Income.
    You may be able to add any lost earnings to your claim if they were as a result of your injuries.
  • Travel Costs.
    Fuel, parking or public transport costs could be included if they related to doctors’ appointments for instance.
  • Future Lost Earnings.
    Where an injury will affect your ability to work in the future, you may be able to claim for future lost income. The amount may vary but it could be based on job prospects, salary and age.

To substantiate your special damages claim, you’ll need evidence like receipts or bank statements. We’d advise keeping a log of expenditures so you can explain how your costs were linked to your injuries.

Can I Claim Under A No Win No Fee Agreement?

There are times when claims don’t get made because the injured party is worried about the cost of legal representation. To remove a lot of that worry, our personal injury solicitors offer a No Win No Fee service for any claim they take on.

To offer this service, a solicitor will need to check if your claim is suitable. After a review, if both parties are happy to proceed, a Conditional Fee Agreement (CFA) will be drawn up. This is your contract. It will set out what the solicitor will need to achieve before they are paid. Also, it will show that:

  • No money for their fee needs to be paid upfront.
  • You won’t be asked to cover any solicitor’s fees during the case.
  • If your case is not won, you will not be liable for any solicitor’s fees at all.

In fact, the only time you will pay solicitor’s fees is when the case is won, and you receive compensation. If that does happen, your solicitor will deduct a percentage of compensation to cover their time. This is called a success fee and it is listed in the CFA. To help prevent overcharging, success fees are capped by law.

Would you like to check if your case is suitable for our No Win No Fee service? If so, please call the number above for a free claim assessment today.

A solicitor discussing a claim following a health and safety breach at work with a client.

Begin A Claim For A Breach Of Health And Safety

Hopefully, you now understand your rights relating to health and safety claims against employers. If you are thinking that you would now like to begin a claim, we are ready to help. To get in touch with Accident Claims UK, you can:

We don’t want to waste anybody’s time. That’s why we will always be open and honest about the chances of winning your case.

When you call, a specialist will review your claim with you in a free telephone consultation. They will explain your options and provide free advice. If your case appears feasible, they could refer you to one of our personal injury solicitors.

Remember, all claims that are taken on will be handled on a No Win No Fee basis. You can call whenever it is convenient as our claims line is open 24/7.

Learn More About Health And Safety Regulations And Accidents At Work

Thanks for visiting Accident Claims UK today. As this is the final section of our article about health and safety breach claims, we are going to supply links to some external resources. Feel free to let us know if there is any further information we can supply.

Thank you for reading our guide to health and safety claims against employers.