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How likely am I to win a work injury compensation claim?

Updated: September 27, 2025
By Chris Salmon

Over 70% of personal injury claims are settled successfully once liability and medical evidence are established (Source: Ministry of Justice statistics, 2024)

If you were injured at work because your employer failed in their legal duty of care, you may be eligible to claim financial compensation. But eligibility and likelihood of success are not always the same. This guide sets out the key factors that influence how likely you are to win a work accident claim.

Duty of care

Employers are legally obliged to protect employees from harm by identifying and reducing risks in the workplace. If your employer failed in this duty and you were injured as a result, you should have a strong basis for a claim.

When the accident happened

By law, most work accident claims must be started within three years of the injury or the date you first became aware of it. This is known as the date of knowledge. The three-year deadline is called the limitation period.

Although you technically have three years to bring a claim, delaying can reduce your chances of success. Solicitors need time to gather medical reports, accident records and witness statements. If too little time is left before the limitation date, many solicitors will not take the case on a No Win, No Fee basis.

If you were under 18 at the time of the accident, the three-year limitation period starts on your 18th birthday. In fatal injury cases, family members have three years from the date of death to begin a claim.

Proving causation

A successful claim depends on proving that the workplace accident caused your injury. This is known as causation. Your solicitor will rely on medical evidence, expert opinion and accident records to demonstrate this link.

If you had a pre-existing condition that was made worse by your accident, you can still claim. A medical report will clarify the extent to which your symptoms were accelerated or aggravated by the incident.

What if someone else caused the accident?

Your employer is usually responsible even if the accident was caused by another employee. Under the principle of vicarious liability, employers are liable for the actions, inactions or negligence of their staff, even if the colleague was careless or reckless.

Working from home

Employers owe the same duty of care to homeworkers. They should carry out a risk assessment of your home working environment. Even if such an assessment was done, you may still be able to claim if an unsafe working condition caused your injury.

The importance of evidence

How strong your case is will often come down to the quality of evidence available. Key evidence includes:

• Medical records and reports
• An entry in the employer’s accident book
• Witness statements (where available)
• Photographs of the accident scene or injuries
• CCTV or other workplace records

The more evidence your solicitor can gather, the higher the likelihood of success.

How strong is my case?

Before taking on your claim, a solicitor will assess its chances of success. If a solicitor agrees to act on a No Win, No Fee basis, it usually means they consider your case to be strong. Most work accident claims are settled out of court through negotiation with the employer’s insurer. Only a small percentage go to trial, and those that do often succeed if liability can be shown.

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How long will it take?

Straightforward cases where the employer admits liability can settle within months. More complex claims, or those involving serious injuries, can take longer to resolve. In longer cases, it is often possible to secure interim payments to help cover immediate financial needs while the case is ongoing.

Key takeaway

Your chances of winning a work injury claim are usually very good if:

• The claim is made within the three-year limitation period
• There is medical evidence supporting your injury
• Your employer failed in their duty of care
• Supporting records or witness statements are available

If your solicitor takes your case on, it is because they believe you have a strong likelihood of success.

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?

If you have been injured at work in the last 3 years, you may be able to claim financial compensation.

Find out more about making a work accident claim:

• Do you qualify?
• How much compensation could you get?
• How does No Win, No Fee work?

Read more: Work accident claim guide