Do I have a work injury claim?

Updated: 3 Oct, 2025
By Chris Salmon

You may be entitled to claim compensation for a work accident if you were injured in the last 3 years as a result of the actions, omissions or negligence of your employer or any other party that owed you a duty of care.

Key points

  • Your employer owes you a duty of care whether you work on-site, remotely or abroad.
  • Most claims must be started within 3 years of the accident or diagnosis.
  • If you were under 18 at the time, you can claim up until your 21st birthday.
  • You can still claim if a colleague was responsible or if your injury worsened a pre-existing condition.
  • Contributory negligence may reduce compensation if you were partly at fault.
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Duty of care

Employers in the UK owe a duty of care to their employees. This means that employers are legally obliged to protect workers from anything that may cause harm. Risks to injury or health in the workplace must be controlled.

If your employer failed in their duty of care and you were injured as a result, it should be possible to seek financial compensation.

Many injured workers assume they don't have a claim when they do. Our calculator gives a quick appraisal of your claim chances. If you'd like to talk to us about whether you have a claim, phone consultations are free and no-obligation.

John Kushnick

Legal Operations Director
National Accident Law

What if I was injured but wasn’t technically an employee?

If you were working as a temp through an agency, on a zero-hours contract or self-employed, it may still be possible to make an injury claim.

What if a colleague was responsible for the accident?

If your accident was caused by a work colleague, your employer will probably still be held liable on the basis of vicarious liability.

In the context of a work accident, vicarious liability means that an employer can be held responsible for the actions or negligence of one of their employees. Your employer is usually still liable even if the accident was caused by a co-worker breaching workplace rules or behaving recklessly.

If the person that caused the accident was an independent contractor, however, then the employer might not be liable and a claim could be pursued against the contractor instead.

Read more about vicarious liability.

Does the injury have to have occurred on company premises?

No. Your employer's duty of care is the same whether you are working from their premises, at home, on the road or even abroad. If you are injured while working for your employer, a compensation claim can still be made regardless of where the accident occurred.

What if I am a homeworker?

If you work from home, your employer’s duty of care is exactly the same as if you work from company premises. If you are injured at home in the course of your employment, your employer is still liable.

Working from home can blur the lines of responsibility. However, your employer should have carried out a risk assessment of your home working environment. Even if a risk assessment was carried out, if you were injured while working at home, a claim should still be possible.

Date of injury

In most cases, the date of the accident, or the date in which your injury was diagnosed, must have happened in the last 3 years. This date, known as the date of knowledge, can also apply to the date that you could reasonably have been aware of the injury.

If you were injured on 21 September 2020, then you would be able to start a claim up to 21 September 2023. If your injury wasn’t diagnosed until 21 March 2021, then the limitation date would be 21 March 2024.

What if I was under 18 when the injury occurred?

If you were under 18 when you were injured, you have until your 21st birthday to start a claim. You can still claim compensation if you are under 18, but the claim would have to be filed with an adult (such as a parent or guardian) acting as a litigation friend.

What if my injury occurred more than 3 years ago?

In most cases, the limitation date will be 3 years after the date of knowledge if you were over 18 at the time of the injury. It may be that the diagnosis was a gradual process, in which case the date of knowledge would be the date that the full extent of the injuries became apparent.

If an injury was fatal, a family member could start a claim up to 3 years after the date of death, as long as this date was within the limitation period of the initial injury.

So I can delay starting a claim right up to the limitation period?

Technically you can start a claim right up to the day before the limitation date. Practically, you will be unlikely to find a solicitor willing to act for you on a No Win, No Fee basis if you leave it until the last minute.

Solicitors need enough time before the limitation date to gather medical evidence and witness statements. Some solicitors won’t take on a claim with less than a year to run before the limitation date, while others may be more flexible and accept cases closer to the 6-month mark. It is critical that you don’t delay and seek legal advice as soon after your accident as possible.

Causation and injury

To make a successful work injury claim, it will also be necessary to prove the work accident was the cause of your injuries. This principle is known as causation. The solicitor will use medical evidence and other evidence to establish causation.

What if the accident made a pre-existing injury worse?

If a work accident worsens an existing injury or accelerates a medical condition, it is still possible to claim compensation. Establishing the extent to which an employee’s condition was made worse by an accident will rely on the medical report.

See also: Can I claim if an injury made a pre-existing condition worse?

What if I was partly responsible for the accident?

With most personal injury claims, if you were partly responsible for an accident, then it is possible to apportion blame between you and the defendant. This is known as contributory negligence.

For example, if you were injured in a car accident that was not your fault but your injuries were worsened because you were not wearing a seatbelt, it might be argued that you were 50% responsible for your injuries. In this case, you would receive 50% of the compensation you would otherwise have received.

Contributory negligence is less clear cut if the accident occurred at work. Your work environment, training and experience level will all be taken into account. The courts will also consider whether you acted reasonably when taking the risk that led to the accident. However, if you behaved recklessly, a finding of contributory negligence is still possible.

See also: Can I claim for a work injury if it was partly my fault?

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About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

More about Chris and WAAC

Last reviewed October 2025 by Chris Salmon