Last updated · By Mustafa Bilgic · Figures reviewed against the Judicial College Guidelines
Your employer's duty of care
Every employer owes you a legal duty of care. In the UK this comes from the Health and Safety at Work etc. Act 1974 and supporting regulations; in the US it is enforced through OSHA standards and state law. In practice it means your employer must:
- provide a safe place of work, safe access and a safe system of work;
- supply and maintain safe equipment and machinery, with guards where needed;
- carry out risk assessments and act on them;
- give proper training, supervision and personal protective equipment (PPE);
- keep premises, floors and walkways free of avoidable hazards.
When an employer falls short of these duties and you are injured as a result, you generally have a valid claim — explained in detail in claiming against your employer.
How employer liability works
A work injury claim turns on liability — proving the employer (or another responsible party) breached their duty and that this caused your injury. Liability can sit in several places:
- The employer directly — unsafe systems, no training, defective equipment, ignored risk assessments.
- Vicarious liability — the employer is responsible for the negligence of another employee acting in the course of their work.
- Third parties — an equipment manufacturer, a contractor, or an occupier of premises you were sent to. On a building site this is common, which is why a construction accident claim can involve a principal contractor as well as your direct employer.
- Occupiers — where the hazard is the state of the premises, an occupiers'/premises liability claim may run alongside the employment claim.
Your award can be reduced for contributory negligence if you were partly at fault — for example by not using provided guards or PPE.
How a work accident claim works, step by step
- Report it and log the accident book. UK employers must keep an accident book; a written record made at the time is powerful evidence.
- Get medical attention. Your medical records and a later medico-legal report establish the injury and your prognosis.
- Preserve evidence. Photograph the hazard and your injury, note witnesses, and keep any defective equipment if you can.
- Identify the insurer. The employer's liability insurer (UK) or workers' compensation carrier (US) ultimately pays.
- Value the claim. General damages from the Judicial College Guidelines plus special damages — lost earnings, treatment, care and future losses. See general vs special damages.
- Negotiate and settle. Most work claims settle without a hearing; read should I accept the first offer? before responding to an early offer.
Start within the legal time limit — generally three years from the accident (or from diagnosis for industrial diseases) in England & Wales, and commonly one to three years per state in the US.
Work accident calculators
Choose the calculator that matches your accident. Each uses the same method — injury value plus financial losses — and lets you switch between US $ settlement ranges and UK £ compensation.
Work accident (general)
The umbrella calculator for any accident at work, from the injury and your losses.
Work accident calculator →Construction accident
Falls from height, scaffolding and site injuries — often the most serious.
Construction calculator →Factory accident
Machinery, manual handling and production-line injury claims.
Factory calculator →Machinery accident
Unguarded or defective machinery and equipment injuries.
Machinery calculator →Ladder fall
Falls from ladders at work — a leading cause of serious injury.
Ladder fall calculator →Scaffolding accident
Scaffold collapse and fall-from-height claims on site.
Scaffolding calculator →RSI / repetitive strain
Repetitive strain and work-related upper-limb disorder claims.
RSI calculator →Public liability
Injuries on others' premises while at or travelling for work.
Public liability calculator →Claiming against your employer
Your rights, the process and common worries explained in full.
Read the guide →Frequently asked questions
Can I claim compensation for an injury at work?
Yes, if your employer's negligence or breach of health-and-safety duty caused or contributed to your injury. Employers must provide a safe workplace, safe equipment, training and risk assessments. If they fail and you are hurt, you can claim — and in the UK you cannot be fairly dismissed simply for making a genuine claim.
Who pays a work accident claim?
Your employer's compulsory liability insurance pays, not your employer directly. In the UK, employers' liability insurance is a legal requirement; in the US, most work injuries run through the employer's workers' compensation insurance, with separate third-party claims possible against other negligent parties.
Will I lose my job if I claim against my employer?
You should not. The claim is paid by the employer's insurer, and dismissing or victimising an employee for bringing a genuine personal-injury claim can itself be unlawful. The relationship is between you and the insurer.
How much compensation can I get for a work injury?
It depends on the injury and your losses. The injury value comes from published brackets — a moderate back injury is roughly £12,500–£38,800 in the UK — plus lost earnings, treatment, care and other financial losses. Use the relevant work-accident calculator for a range based on your specific injury.
Related guides
Slip, trip & fall claims
Falls at work and in public — who is liable and what they pay.
Slip & fall guide →How payouts are calculated
General vs special damages, severity, and the maths behind every estimate.
Read the guide →