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Migrant or non-UK workers and work injury claims

Updated: September 27, 2025
By Chris Salmon

If you are a migrant worker or a non-UK national, you still have the same legal right to claim compensation if you are injured at work. Employers in the UK must provide a safe working environment for all staff, regardless of nationality or immigration status.

Your rights under UK law

UK health and safety legislation, including the Health and Safety at Work etc. Act 1974, applies to every worker in the UK. Employers must:

• Carry out workplace risk assessments
• Provide training and supervision
• Supply appropriate protective equipment (PPE)
• Ensure a safe working environment

These duties apply equally to UK nationals, EU nationals and non-EU workers, whether you are permanent, temporary, or agency staff.

Common challenges for migrant workers

Migrant and non-UK workers sometimes face extra risks and difficulties, such as:

• Lack of translated safety instructions or training
• Pressure to work in unsafe conditions due to fear of losing work
• Lack of awareness of employment rights and health and safety laws
• Concerns that making a claim might affect immigration status

It is important to know that making a work injury claim will not affect your immigration status. Claims are made against the employer’s insurer, not the Home Office or immigration authorities.

Who pays compensation?

By law, all UK employers must have employers’ liability insurance. This insurance covers compensation for injured employees, including migrant and non-UK workers. The claim is handled by the insurer, not by your employer personally.

What if I am working without a contract?

You may still be able to claim compensation even if you do not have a formal written contract. If you can show that you were working under the direction or supervision of an employer, the employer may still owe you a duty of care.

Agency workers and zero-hours staff are also protected under UK law.

Making a claim

If you are injured at work, the process for making a claim is the same as for any other worker:

1. Seek medical attention and keep records of your treatment
2. Report the accident to your employer or site manager
3. Ask for the details to be recorded in the accident book
4. Speak to a personal injury solicitor about making a claim

Most claims are handled on a No Win, No Fee basis, so you will not have to pay upfront legal fees.

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Example case

A Polish construction worker was injured when scaffolding collapsed on a building site. He had not received proper training in English, and safety instructions were not translated. The employer’s insurer admitted liability, and the worker received compensation for his broken leg, lost earnings and rehabilitation costs.

Extra support for non-UK workers

If English is not your first language, you may be able to request translation support during your claim. Many solicitors work with interpreters to ensure you understand the process and your rights fully.

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