Claiming compensation against your employer
Last updated · By Mustafa Bilgic
When can you claim against your employer?
Employers owe employees a duty of care under the common law and the Health and Safety at Work etc. Act 1974 and its regulations. You can claim where the employer was negligent or in breach of statutory duty and that caused your injury. Common examples include:
- failing to carry out a proper risk assessment;
- not providing the right training or protective equipment (PPE);
- unsafe machinery or a failure to guard dangerous parts (see our machinery accident calculator);
- no manual-handling system, causing a back injury;
- unsafe floors or walkways, causing a slip or trip;
- unsafe work at height, causing a fall.
Employers’ liability insurance — who actually pays
This is the single biggest worry people have, and it is largely unfounded. The Employers’ Liability (Compulsory Insurance) Act 1969 requires almost every employer to hold at least £5 million of employers’ liability cover, and to display the certificate. Your claim is handled and paid by that insurer, not by your employer directly and never by a co-worker. You are claiming against an insurance policy that exists precisely for this situation.
What you can claim for
A work-accident claim has the same two parts as any injury claim — see how compensation is calculated:
- General damages for the injury itself, valued from the Judicial College Guidelines.
- Special damages for your financial losses — lost earnings, treatment, care, travel and future losses.
If you were partly responsible for the accident, your award may be reduced for contributory negligence, but you can usually still claim.
Reporting and evidence
- Report the accident and make sure it is recorded in the accident book.
- Certain serious injuries must be reported by the employer to the HSE under RIDDOR; an HSE investigation can support your claim.
- Keep your own evidence — photos, witness details, and records of your losses.
How to claim
- Get medical treatment and keep your records.
- Instruct a solicitor, usually on a no-win-no-fee basis. Solicitors are regulated by the Solicitors Regulation Authority (SRA).
- The solicitor notifies the employer’s insurer and obtains a medical report.
- Mind the three-year time limit (which runs from the date of knowledge for diseases such as RSI or hearing loss).
This guide is general information and not legal advice.
Frequently asked questions
Can I be sacked for claiming compensation against my employer?
Dismissing or victimising you for bringing a genuine personal-injury claim can amount to unfair dismissal or unlawful detriment under employment law. Making a claim is a normal, lawful step, and it is paid by the employer's insurer, not by the business directly. If you are treated badly for claiming, that may give you a separate employment claim.
Who pays if I claim against my employer?
The employer's insurer pays. Almost every UK employer must by law hold at least £5 million of employers' liability insurance under the Employers' Liability (Compulsory Insurance) Act 1969. Your claim is handled and paid by that insurance policy, not by your employer directly and never by a colleague.
Do I have to prove my employer was at fault?
Yes. You must show the employer was negligent or in breach of its health-and-safety duties — for example a failure to assess risk, train you, provide protective equipment, or maintain machinery — and that this caused your injury. The accident book, witness evidence and any HSE investigation help prove fault.
What if I was partly to blame for the accident at work?
You can usually still claim, but your compensation may be reduced for contributory negligence to reflect your share of responsibility. For example, if you were 20% at fault, a £20,000 award would reduce to £16,000. Being partly to blame does not bar a claim; it only lowers the award.
How long do I have to claim against my employer?
Generally three years from the date of the accident. For industrial diseases such as repetitive strain injury or noise-induced hearing loss, the three years runs from the date you knew (or should have known) the condition was caused by your work. Different rules apply to children and to those who lack capacity. See our guide on claim time limits.