Your Legal Rights at Work After an Accident

By Chris Salmon | Updated: September 27, 2025

If you are injured at work, you have important rights that protect your job, income, and wellbeing. Knowing what your employer can and cannot do after an accident helps you make informed choices. This guide provides an overview of those rights and directs you to detailed guides on each area.

At a glance

All employees are legally protected under the Health and Safety at Work etc. Act 1974 and the Employment Rights Act 1996 after a workplace accident (Source: legislation.gov.uk)
You cannot be dismissed simply for having an accident or for making a legitimate claim.
Your employer must record accidents and report serious injuries under RIDDOR.
Statutory and contractual sick pay rules apply if you need time off.
You continue to build up holiday entitlement and pension rights while off sick.
The Equality Act 2010 protects you if your injury amounts to a disability.
Reasonable adjustments may be required to help you return to work safely.

What duties does my employer have?

Employers have a legal duty to protect employees from foreseeable harm under the Health and Safety at Work Act. After an accident, this duty extends to:

Recording the incident in the accident book.
Reporting serious injuries to the Health and Safety Executive (HSE).
Carrying out risk assessments and acting to prevent repeat incidents.
Providing sick pay in line with statutory or contractual rules.
Respecting your employment rights during recovery.

Key employment rights topics after an accident

We have a more detailed guide with practical advice on each of the following areas:

Your rights to sick pay and time off

If you are too unwell to work, you may be entitled to Statutory Sick Pay (SSP) for up to 28 weeks. Your employment contract may also include contractual sick pay. During sick leave, your employment rights (such as holiday accrual and pension contributions) usually continue.

Reasonable adjustments and return to work

If your injury results in a long-term condition that meets the definition of a disability under the Equality Act 2010, your employer must consider reasonable adjustments. These may include changes to your duties, equipment, hours, or workplace layout. Employers should also work with occupational health to plan a phased return to work.

Fair treatment and protection from dismissal

You should not be treated less favourably because you made a claim or took sick leave. Protection from unfair dismissal applies if you are dismissed mainly because of your accident or claim. If you face problems, you can:

Seek support from a trade union.
Raise a formal grievance.
Consider legal advice if dismissal or discrimination occurs.

FAQs

Can I be sacked for making a claim?

No. Dismissing you for bringing a personal injury claim is unlawful and may amount to unfair dismissal or victimisation.

Does sick leave affect my holiday entitlement?

No. You continue to build up statutory holiday while off sick, and unused holiday can often be carried forward.

What if I feel pressured to return before I am ready?

Your GP’s fit note is key. If your employer pressures you, see our guide: Employer pressure to return to work.

Get the right advice

Our work injury advisors will:

External references

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 September 2025 by Chris Salmon

Have you been injured at work?

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